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| |
| | |
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| (3) | In subsection (2)(a) “Act” means— |
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| (a) | an Act of Parliament, |
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| (b) | an Act of the Scottish Parliament, or |
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| (c) | a Measure or Act of the National Assembly for Wales. |
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| (4) | The power to make an order under this section is exercisable by statutory |
|
| |
| (5) | Subsections (3) to (5) of section 175 of the Social Security Contributions and |
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| Benefits Act 1992 (general provisions as to regulations and orders) apply in |
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| relation to the power conferred by this section as they apply in relation to |
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| a power conferred by that Act to make an order. |
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| (6) | The first order under this section may not be made unless a draft of the |
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| statutory instrument containing the order has been laid before, and |
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| approved by a resolution of, each House of Parliament. |
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| (7) | A statutory instrument containing an order under this section to which |
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| subsection (6) does not apply is subject to annulment in pursuance of a |
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| resolution of either House of Parliament.” |
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|
30 | Page 38, line 2, at end insert— |
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| “( ) | the provision of residential accommodation for P;” |
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31 | Page 38, line 8, at end insert— |
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| “(4A) | Subsection (4) is subject to section 36(3A) (which relates to pilot schemes) |
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| and to section (Power to repeal exclusion of community care services) (which |
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| gives power to repeal the exclusion of community care services).” |
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32 | Page 38, line 10, leave out from “services” to end of line 11 |
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33 | Page 38, line 17, leave out from “services” to “and” in line 18 |
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|
34 | Page 39, line 11, leave out subsection (2) and insert— |
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| “(2) | Regulations under this section may, in particular, make provision for and |
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| in connection with requiring a relevant authority to take the following |
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| steps in relation to a disabled person (“P”) for whom it is obliged, or has |
|
| decided, to provide, or arrange the provision of, relevant services— |
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| (a) | to inform P of the right to control conferred by virtue of the |
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| regulations, of the value of the relevant services to which P is |
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| entitled and of the choices available to P by virtue of the |
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| |
| (b) | to work with P to determine the outcomes to be achieved by the |
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| provision of the relevant services; |
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| (c) | to work with P to prepare a plan (a “support plan”) setting out how |
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| those outcomes will be achieved; |
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| (d) | to work with P to review and revise the support plan in prescribed |
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| |
| (e) | if P so requests, to make payments to P in respect of P securing the |
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| provision of an equivalent service; |
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|
|
| |
| | |
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| (f) | to the extent that P chooses to receive relevant services provided or |
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| arranged by the relevant authority, to provide, or arrange for them |
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| to be provided, in accordance with P’s support plan as far it is |
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| reasonably practicable to do so.” |
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35 | Page 39, line 28, leave out paragraph (c) |
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|
36 | Page 40, line 8, leave out “(2)(d)” and insert “(2)(e)” |
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|
37 | Page 41, line 24, leave out “(2)(d)” and insert “(2)(e)” |
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|
38 | Page 41, line 46, at end insert— |
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| “(3A) | Subsections (5)(a) and (6)(a) of section 31 do not restrict the power to make |
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| a pilot scheme; and accordingly a pilot scheme may relate to community |
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| |
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39 | Page 42, line 21, leave out “and” |
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40 | Page 42, line 26, at end insert— |
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| “(c) | in relation to provision that does not fall within paragraph (b) and |
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| relates to relevant services in Wales with respect to which functions |
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| |
| (i) | by a Minister of the Crown, and |
|
| (ii) | by the Welsh Ministers, the First Minister or the Counsel |
|
| |
| | the Secretary of State or the Welsh Ministers are the appropriate |
|
| |
| (d) | in relation to provision that does not fall within paragraph (b) or (c) |
|
| and relates to relevant services in Wales with respect to which |
|
| functions are exercisable by the Welsh Ministers, the First Minister |
|
| or the Counsel General, the Welsh Ministers are the appropriate |
|
| |
41 | Page 42, line 27, after “33” insert— |
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| |
42 | Page 42, line 28, at end insert “and |
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| (b) | does not include power to make provision— |
|
| (i) | removing or modifying any function of the Welsh Ministers, |
|
| the First Minister or the Counsel General, or |
|
| (ii) | conferring or imposing any function on the Welsh |
|
| Ministers, the First Minister or the Counsel General. |
|
| ( ) | Any power of the Welsh Ministers to make regulations under section 33 by |
|
| virtue of subsection (2)(c) or (d) does not include power to make |
|
| |
| (a) | removing or modifying any function of a Minister of the Crown, or |
|
|
|
| |
| | |
|
| (b) | conferring or imposing any function on a Minister of the Crown.” |
|
43 | Page 42, line 30, at end insert— |
|
| ““the Counsel General” means the Counsel General to the Welsh |
|
| |
| “the First Minister” means the First Minister for Wales; |
|
| “Minister of the Crown” includes the Treasury.” |
|
|
44 | Insert the following new Clause— |
|
| “Power to repeal exclusion of community care services |
|
| (1) | An order under this subsection may repeal section 31(5)(a). |
|
| (2) | The power to make an order under subsection (1) is exercisable— |
|
| (a) | in relation to England, by the Secretary of State with the consent of |
|
| |
| (b) | in relation to Wales, by the Welsh Ministers. |
|
| (3) | The power of the Secretary of State to make an order under subsection (1) |
|
| |
| (a) | the Secretary of State has previously made a pilot scheme that |
|
| relates to community care services, and has in accordance with |
|
| section 36(7) published a report on the operation of the pilot |
|
| |
| (b) | the Secretary of State has previously given directions under a |
|
| relevant enactment with a view to enabling disabled people to |
|
| exercise (either in England generally or in a specified area or areas) |
|
| greater choice in relation to, and greater control over, the way in |
|
| which community care services are provided to or for them. |
|
| |
| (a) | “pilot scheme” has the meaning given by section 36(3); |
|
| (b) | “relevant enactment” means— |
|
| (i) | section 7A of the Local Authority Social Services Act 1970 |
|
| (directions by Secretary of State as to exercise of social |
|
| |
| (ii) | section 47(4) of the National Health Service and Community |
|
| Care Act 1990 (directions by Secretary of State in relation to |
|
| assessment of needs for community care services). |
|
| (5) | The Scottish Ministers may by order repeal section 31(6)(a). |
|
| (6) | An order under subsection (1) or (5) may make any consequential |
|
| modification of section 31(4A) or 36(3A). |
|
| (7) | The power to make an order under subsection (1) or (5) is exercisable by |
|
| |
|
45 | Page 43, line 24, after “33” insert “or an order under section (Power to repeal |
|
| exclusion of community care services)(1)” |
|
46 | Page 43, line 27, after “33” insert “or an order under section (Power to repeal |
|
|
|
| |
| | |
|
| exclusion of community care services)(5)” |
|
47 | Page 43, line 30, after “33” insert “or an order under section (Power to repeal |
|
| exclusion of community care services)(1)” |
|
|
48 | Page 43, line 33, at end insert— |
|
| ““community care services” means— |
|
| (a) | in relation to England and Wales, community care services |
|
| as defined by section 46(3) of the National Health Service |
|
| and Community Care Act 1990 (c. 19); |
|
| (b) | in relation to Scotland, community care services as defined |
|
| by section 5A of the Social Work (Scotland) Act 1968 (c. 49);” |
|
49 | Page 43, line 41, at end insert— |
|
| ““relevant authority” has the meaning given by section 32; |
|
| “relevant services” has the meaning given by section 31.” |
|
|
50 | Insert the following new Clause— |
|
| | “Report on operation of travel authorisation amendments |
|
| (1) | The Secretary of State must prepare a report on the operation during the |
|
| review period of the amendments of the 1991 Act made by section 42 and |
|
| Schedule 5 so far as those amendments relate to the disqualification of any |
|
| person for holding or obtaining a travel authorisation. |
|
| (2) | “The review period” is the period of 24 months beginning with the day on |
|
| which section 42 and Schedule 5 come into force in relation to the |
|
| disqualification of any person for holding or obtaining a travel |
|
| |
| (3) | The Secretary of State must— |
|
| (a) | prepare the report, and |
|
| (b) | lay it before Parliament, |
|
| | within 6 months from the end of the review period. |
|
| (4) | The continued effect of the travel authorisation amendments depends on |
|
| whether the Secretary of State makes an order under this subsection within |
|
| the relevant period providing for those amendments to continue to have |
|
| |
| (5) | “The relevant period” means the period of 30 days beginning with the day |
|
| on which the report is laid before Parliament; and, in reckoning this period, |
|
| no account is to be taken of any time during which Parliament— |
|
| (a) | is dissolved or prorogued, or |
|
| (b) | is adjourned for more than 4 days. |
|
| (6) | If no order is made as mentioned in subsection (4), the Secretary of State |
|
| must instead make an order under this subsection containing such |
|
| amendments of the 1991 Act as the Secretary of State considers necessary |
|
| to secure that the effect of the travel authorisation amendments is reversed. |
|
|
|
| |
| | |
|
| (7) | The effect of the travel authorisation amendments is to be regarded as |
|
| reversed if the 1991 Act is amended so that it has the same effect in relation |
|
| to the disqualification of any person for holding or obtaining a travel |
|
| authorisation as it would have had if this Act had not been passed. |
|
| (8) | An order under subsection (6) may contain consequential provision and |
|
| transitional provision or savings. |
|
| (9) | The consequential provision that may be made by an order under |
|
| subsection (6) includes, in particular, provision amending, repealing or |
|
| |
| (a) | any provision of any Act passed before the making of the order, or |
|
| (b) | any provision of any instrument made under any Act before the |
|
| |
| (10) | Any power to make an order under this section is exercisable by statutory |
|
| |
| (11) | An order under subsection (4) may not be made unless a draft of the |
|
| statutory instrument containing the order has been laid before, and |
|
| approved by a resolution of, each House of Parliament. |
|
| (12) | A statutory instrument containing an order under subsection (6) is subject |
|
| to annulment in pursuance of a resolution of either House of Parliament. |
|
| |
| “the 1991 Act” means the Child Support Act 1991 (c. 48); |
|
| “travel authorisation” has the same meaning as in section 39B of the |
|
| |
| “the travel authorisation amendments” means the amendments of the |
|
| 1991 Act made by section 42 and Schedule 5 so far as relating to the |
|
| disqualification of any person for holding or obtaining a travel |
|
| |
|
51 | Page 51, line 25, after “provisions);” insert— |
|
| “section (Power to rename council tax benefit) (power to rename council |
|
| |
|
|
52 | Page 51, line 38, at end insert— |
|
| “section (Power to up-rate benefits following review in tax year 2009-10);” |
|
|
53 | Page 53, line 30, at end insert— |
|
| “(2A) | No requirement may be imposed by virtue of this section on a |
|
| |
| (a) | is not a member of a couple, and |
|
| (b) | is responsible for, and a member of the same household |
|
| as, a child under the age of one.” |
|
54 | Page 56, line 11, at end insert— |
|
|