Social Services and Well-being (Wales) Act 2014

195 Disputes about ordinary residence and portability of care and support E+W

(1) A dispute between local authorities about where a person is ordinarily resident in Wales for the purposes of this Act, or a dispute between a sending and receiving authority under section 56 about the application of that section in relation to a person, is to be determined by—

(a) the Welsh Ministers, or

(b) a person appointed by the Welsh Ministers for that purpose (“an appointed person”).

[F1 (1A) Where the dispute is one to which section 30(2C) of the Children Act 1989 applies (questions of whether child ordinarily resident in England or Wales), then subsection (1) does not apply.]

(2) Regulations may make further provision about the resolution of disputes of the type mentioned in subsection (1); the regulations may, for example, make—

(a) provision for ensuring that care and support is provided to a person while a dispute is unresolved;

(b) provision requiring local authorities in dispute to take specified steps before referring a dispute to the Welsh Ministers or an appointed person;

(c) provision about the procedure for referring a dispute to the Welsh Ministers or an appointed person;

(d) provision about the review of a determination made under subsection (1).

Textual Amendments

F1 S. 195(1A) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 317

Commencement Information

I1 S. 195 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)