|
| |
|
provision about the Welsh Ministers and services under that Act) after |
| |
| |
“Weighing and measuring of children |
| |
7A (1) | The Welsh Ministers may, by arrangement with any local education |
| |
authority, provide for the weighing and measuring of junior pupils |
| 5 |
in attendance at any school which is maintained by the authority. |
| |
(2) | The Welsh Ministers may, by arrangement with the proprietor of any |
| |
school which is not maintained by a local education authority, |
| |
provide for the weighing and measuring of junior pupils in |
| |
attendance at that school. |
| 10 |
(3) | The Welsh Ministers may, by arrangement with any person who is |
| |
registered under Part 10A of the Children Act 1989 (child minding |
| |
and day care for children in Wales) in respect of child minding or the |
| |
provision of day care, provide for the weighing and measuring of |
| |
children looked after by that person. |
| 15 |
(4) | In sub-paragraphs (1) and (2) any expression to which a meaning is |
| |
given for the purposes of the Education Act 1996 or the School |
| |
Standards and Framework Act 1998 has the same meaning as in that |
| |
Act; and in sub-paragraph (3) any expression to which a meaning is |
| |
given for the purposes of Part 10A of the Children Act 1989 has the |
| 20 |
same meaning as in that Part. |
| |
7B (1) | The Welsh Ministers may by regulations— |
| |
(a) | authorise the disclosure by any person with whom |
| |
arrangements under paragraph 7A are made, to any person |
| |
carrying out the weighing or measuring, of prescribed |
| 25 |
information relating to the children concerned, |
| |
(b) | require any weighing and measuring provided for by the |
| |
Welsh Ministers under paragraph 7A to be carried out in a |
| |
prescribed manner and after compliance with any prescribed |
| |
| 30 |
(c) | make provision authorising any resulting information |
| |
relating to a child, together with any advisory material |
| |
authorised by or under the regulations, to be communicated |
| |
in a prescribed manner to a person who is, or is treated by the |
| |
regulations as being, a parent of the child, and |
| 35 |
(d) | make other provision regulating the processing of |
| |
information resulting from any weighing or measuring |
| |
provided for by the Welsh Ministers under paragraph 7A. |
| |
(2) | Regulations made under sub-paragraph (1) may require any person |
| |
exercising functions in relation to any weighing or measuring to |
| 40 |
which the regulations apply or in relation to information resulting |
| |
from such weighing or measuring to have regard to any guidance |
| |
given from time to time by the Welsh Ministers. |
| |
(3) | In sub-paragraph (1)(d), “processing”, in relation to information, has |
| |
the same meaning as in the Data Protection Act 1998. |
| 45 |
(4) | Regulations under this paragraph cannot include provision by virtue |
| |
of section 203(10)(a) amending or repealing an Act.” |
| |
|
| |
|
| |
|
| |
144 | Human Rights Act 1998: provision of certain social care to be public function |
| |
(1) | A person (“P”) who provides accommodation, together with nursing or |
| |
personal care, in a care home for an individual under arrangements made with |
| |
P under the relevant statutory provisions is to be taken for the purposes of |
| 5 |
subsection (3)(b) of section 6 of the Human Rights Act 1998 (c. 42) (acts of |
| |
public authorities) to be exercising a function of a public nature in doing so. |
| |
(2) | The “relevant statutory provisions” are— |
| |
(a) | in relation to England and Wales, sections 21(1)(a) and 26 of the |
| |
National Assistance Act 1948 (c. 29), |
| 10 |
(b) | in relation to Scotland, section 12 or 13A of the Social Work (Scotland) |
| |
| |
(c) | in relation to Northern Ireland, Articles 15 and 36 of the Health and |
| |
Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 |
| |
| 15 |
(3) | In subsection (1) “care home”— |
| |
(a) | in relation to England and Wales, has the same meaning as in the Care |
| |
Standards Act 2000 (c. 14), and |
| |
(b) | in relation to Northern Ireland, means a residential care home as |
| |
defined by Article 10 of the Health and Personal Social Services |
| 20 |
(Quality, Improvement and Regulation) (Northern Ireland) Order 2003 |
| |
(S.I. 2003/431 (N.I. 9)) or a nursing home as defined by Article 11 of that |
| |
| |
(4) | In relation to Scotland, the reference in subsection (1) to the provision of |
| |
accommodation, together with nursing or personal care, in a care home is to be |
| 25 |
read as a reference to the provision of accommodation, together with nursing, |
| |
personal care or personal support, as a care home service as defined by section |
| |
2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8). |
| |
(5) | Subsection (1) does not apply to acts (within the meaning of section 6 of the |
| |
Human Rights Act 1998) taking place before the coming into force of this |
| 30 |
| |
145 | Direct payments in lieu of provision of care services |
| |
(1) | Section 57 of the Health and Social Care Act 2001 (c. 15) (regulations may |
| |
require or authorise direct payments to a person, with the person’s consent, in |
| |
respect of the person securing the provision to the person of certain care |
| 35 |
services) is amended as follows. |
| |
(2) | After subsection (1) insert— |
| |
“(1A) | Regulations may make provision for and in connection with requiring |
| |
or authorising the responsible authority in the case of a person (“P”) of |
| |
a prescribed description— |
| 40 |
(a) | who falls within subsection (2)(a), and |
| |
(b) | who falls within subsection (5A) or is reasonably believed by |
| |
the authority to fall within that subsection, |
| |
| to make, with the requisite consent, such payments as the authority |
| |
may determine in accordance with the regulations to a suitable person |
| 45 |
|
| |
|
| |
|
other than P in respect of the other person’s securing the provision for |
| |
P of the service mentioned in subsection (2)(a). |
| |
(1B) | In subsection (1A) “the requisite consent” means— |
| |
(a) | the consent of the other person; and |
| |
(b) | where the other person is not a surrogate of P but there is at least |
| 5 |
one person who is a surrogate of P, the consent also of a |
| |
| |
(1C) | For the purposes of subsection (1A), a person (whether or not an |
| |
individual) is “suitable” if— |
| |
(a) | that person is a representative of P; |
| 10 |
(b) | that person is not a representative of P (or there is no-one who |
| |
is a representative of P), but— |
| |
(i) | a surrogate of P, and |
| |
(ii) | the responsible authority, |
| |
| consider that person to be a suitable person to receive the |
| 15 |
payments for the purpose of securing provision for P of the |
| |
| |
(c) | that person is not a representative of P (or there is no-one who |
| |
is a representative of P), and there is no-one who is a surrogate |
| |
of P, but the responsible authority considers that person to be a |
| 20 |
suitable person to receive the payments for that purpose.” |
| |
(3) | In subsection (3) (provision which may be included in regulations under the |
| |
| |
(a) | in paragraph (a) (provision as to circumstances in which payments not |
| |
to be made), after “to a person” insert “or in respect of a person”, |
| 25 |
(b) | in paragraph (c)(i) (provision about determination of payee’s means), |
| |
after “the payee’s means” insert “in the case of direct payments under |
| |
subsection (1) or, in the case of direct payments under subsection (1A), |
| |
the means of the person (“the beneficiary”) in respect of whom the |
| |
payments are required or authorised to be made”, |
| 30 |
(c) | in each of paragraphs (d) and (e)(ii) (provision as to conditions to be |
| |
complied with by payee, and provision as to repayments by payee or |
| |
otherwise), after “payee” insert “in the case of direct payments under |
| |
subsection (1), or by the payee or by the beneficiary in the case of direct |
| |
payments under subsection (1A),” and |
| 35 |
(d) | after paragraph (h) insert— |
| |
“(j) | as to matters to which the responsible authority must, or |
| |
may, have regard when making a decision for the |
| |
purposes of a provision of the regulations; |
| |
(k) | as to steps which the responsible authority must, or |
| 40 |
may, take before, or after, the authority makes a decision |
| |
for the purposes of a provision of the regulations; |
| |
(l) | specifying circumstances in which a person who has |
| |
fallen within subsection (5A) but no longer does so |
| |
(whether because of fluctuating capacity, or regaining or |
| 45 |
gaining of capacity) is to be treated, or may be treated, |
| |
as falling within subsection (5A) for purposes of this |
| |
section or for purposes of regulations under this |
| |
| |
|
| |
|
| |
|
(4) | In subsection (4)(b) (gross payments: condition that payee pays amounts by |
| |
way of reimbursement), after “payee” insert “in the case of direct payments |
| |
under subsection (1), or the beneficiary in the case of direct payments under |
| |
| |
(5) | In subsection (5) (payments made net on basis that payee will contribute to cost |
| 5 |
| |
(a) | in paragraph (a), after “the payee will himself” insert “in the case of |
| |
direct payments under subsection (1), or the beneficiary will in the case |
| |
of direct payments under subsection (1A),” and |
| |
(b) | in paragraph (b), after “payee” insert “or (as the case may be) the |
| 10 |
| |
(6) | After subsection (5) insert— |
| |
“(5A) | A person falls within this subsection if the person lacks capacity, within |
| |
the meaning of the Mental Capacity Act 2005, to consent to the making |
| |
| 15 |
(5B) | In this section “representative”, in relation to a person, means such |
| |
other person (whether or not an individual) as may be prescribed. |
| |
(5C) | In this section “surrogate”, in relation to a person, means— |
| |
(a) | a deputy appointed for the person by the Court of Protection |
| |
under section 16(2)(b) of the Mental Capacity Act 2005, or |
| 20 |
(b) | a donee of a lasting power of attorney created by the person, |
| |
| whose powers, as deputy or donee, consist of or include such powers |
| |
| |
(7) | After subsection (7) insert— |
| |
“(7A) | For the purposes of subsection (3)(d), the conditions that are to be taken |
| 25 |
to be conditions in relation to direct payments include, in particular, |
| |
conditions in relation to— |
| |
(a) | the securing of the provision of the service concerned, |
| |
(b) | the provider of the service, |
| |
(c) | the person to whom payments are made in respect of the |
| 30 |
provision of the service, or |
| |
(d) | the provision of the service.” |
| |
(8) | In section 64 of the Health and Social Care Act 2001 (c. 15) (regulations and |
| |
orders), after subsection (4) insert— |
| |
“(4A) | A statutory instrument containing— |
| 35 |
(a) | regulations made by the Welsh Ministers under section 57, or |
| |
(b) | regulations made by the Welsh Ministers under section 65 that |
| |
make provision for the purposes of, in consequence of or for |
| |
giving full effect to section 57, |
| |
| is subject to annulment in pursuance of a resolution of the National |
| 40 |
| |
146 | Abolition of maintenance liability of relatives |
| |
(1) | The following provisions cease to have effect— |
| |
(a) | section 43 of the National Assistance Act 1948 (c. 29) (recovery from |
| |
liable relative of local authority’s costs of assistance), |
| 45 |
|
| |
|
| |
|
(b) | in section 47(9) of that Act (liability of maintained person, or person’s |
| |
relatives, for expenditure incurred under section 47(8)), the words “or |
| |
from any person who for the purposes of this Act is liable to maintain |
| |
| |
(c) | in section 48(3) of that Act (liability of person in hospital etc., or |
| 5 |
person’s relatives, for costs of protecting person’s property), the words |
| |
“, or from any person who for the purposes of this Act is liable to |
| |
| |
(d) | in section 51(1) of that Act (offence where person fails to maintain |
| |
himself or any person he is liable to maintain), the words “or any |
| 10 |
person whom he is liable to maintain for the purposes of this Act”, |
| |
(e) | in paragraph 19(1) of Schedule 6 to that Act (which ended a saved |
| |
liability to maintain a person where there was no liability to maintain |
| |
that person for the purposes of that Act), the words “whom he is not |
| |
liable to maintain for the purposes of this Act”, |
| 15 |
(f) | paragraph 19(2) of that Schedule (which gave continuing effect to |
| |
certain saved liabilities not ended by paragraph 19(1)), and |
| |
(g) | in section 46(5) of the Public Health (Control of Disease) Act 1984 (c. 22) |
| |
(liability of person’s estate, or person’s relatives, for cost of burial or |
| |
cremation under the section), the words “or from any person who for |
| 20 |
the purposes of the National Assistance Act 1948 was liable to maintain |
| |
the deceased person immediately before his death”. |
| |
(2) | In section 29(4A)(c) of the National Assistance Act 1948 (c. 29) (which provides |
| |
for section 43 to apply where accommodation in a hostel is provided under |
| |
section 29(4)(c)), for “sections 32 and 43 shall apply as they apply” substitute |
| 25 |
“section 32 shall apply as it applies”. |
| |
(3) | In section 51(1) of that Act, for “, himself or any other person” substitute “him”. |
| |
(4) | In section 87(3) of the Social Work (Scotland) Act 1968 (c. 49) (provision of |
| |
accommodation treated as being under Part 3 of the National Assistance Act |
| |
1948), for the words from “(as amended”, where first occurring, to “etc.)” |
| 30 |
substitute “(as amended by any enactment within the meaning of the Scotland |
| |
Act 1998 (c. 46)) of the said Act of 1948”. |
| |
(5) | In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (definition |
| |
of “social services functions” for purposes of the 1970 Act), in the entry relating |
| |
to sections 43 to 45 of the National Assistance Act 1948, for “Sections 43 to” |
| 35 |
| |
(6) | The provisions of this section have effect subject to, and in accordance with, |
| |
| |
147 | Ordinary residence for certain purposes of National Assistance Act 1948 etc. |
| |
(1) | In section 24 of the National Assistance Act 1948 (authority liable for provision |
| 40 |
of accommodation) for subsections (6) and (7) substitute— |
| |
“(6) | For the purposes of the provision of residential accommodation under |
| |
this Part, a patient (“P”) for whom NHS accommodation is provided |
| |
shall be deemed to be ordinarily resident in the area, if any, in which P |
| |
was resident before the NHS accommodation was provided for P, |
| 45 |
whether or not P in fact continues to be ordinarily resident in that area. |
| |
(6A) | In subsection (6) “NHS accommodation” means— |
| |
|
| |
|
| |
|
(a) | accommodation (at a hospital or elsewhere) provided under the |
| |
National Health Service Act 2006 or the National Health Service |
| |
| |
(b) | accommodation provided under section 117 of the Mental |
| |
Health Act 1983 by a Primary Care Trust or Local Health Board, |
| 5 |
other than accommodation so provided jointly with a local |
| |
| |
(2) | In section 32 of that Act (adjustments between authority providing |
| |
accommodation, etc., and authority of area of residence) for subsection (3) |
| |
| 10 |
“(3) | Any question arising under this Part as to a person’s ordinary residence |
| |
shall be determined by the Secretary of State or by the Welsh Ministers. |
| |
(4) | The Secretary of State and the Welsh Ministers shall make and publish |
| |
arrangements for determining which cases are to be dealt with by the |
| |
Secretary of State and which are to be dealt with by the Welsh |
| 15 |
| |
(5) | Those arrangements may include provision for the Secretary of State |
| |
and the Welsh Ministers to agree, in relation to any question that has |
| |
arisen, which of them is to deal with the case.” |
| |
(3) | In section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) |
| 20 |
(provision of welfare services) after subsection (1) insert— |
| |
“(1A) | Subsections (3) to (5) of section 32 of the National Assistance Act 1948 |
| |
(which relate to the determination of any question arising under Part 3 |
| |
of that Act as to a person’s ordinary residence) apply in relation to any |
| |
question arising under this section as to a person’s ordinary residence |
| 25 |
as they apply in relation to such a question arising under Part 3 of that |
| |
| |
Financial assistance related to provision of health or social care services |
| |
148 | Power of Secretary of State to give financial assistance |
| |
(1) | The Secretary of State may give financial assistance to qualifying bodies which |
| 30 |
| |
(a) | the provision in England of health services or of social care services, or |
| |
(b) | the provision to other persons of services that are connected with the |
| |
provision in England by those other persons of health services or of |
| |
| 35 |
(2) | The Secretary of State may also give financial assistance to persons for the |
| |
purposes of the establishment by them of qualifying bodies which satisfy any |
| |
conditions prescribed for the purposes of this subsection and which are to be |
| |
| |
(a) | the provision in England of health services or of social care services, or |
| 40 |
(b) | the provision to other persons of services that will be connected with |
| |
the provision in England by those other persons of health services or of |
| |
| |
|
| |
|