The Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010

Interpretation

2.—(1) In these Regulations—

“direct payment” is to be read in accordance with regulations 14 and 15;

“expiry date” has the meaning given by regulation 1(4);

“pilot area” means an area listed in regulation 3;

“principal local authority” means—

(a)

a county council,

(b)

the council of any district comprised in an area for which there is no county council,

(c)

a London borough council,

(d)

the Common Council of the City of London in its capacity as a local authority, or

(e)

the Council of the Isles of Scilly;

“qualifying service” has the meaning given by regulation 4;

“relevant authority”, in relation to a right to control service, means the relevant authority as defined in section 40 of the Welfare Reform Act 2009 that is responsible for providing or arranging the provision of the service;

“representative” has the meaning given by regulation 5(1);

“the responsible authority” is to be read in accordance with regulation 6(2)(b);

“right to control service” means—

(a)

a qualifying service,

(b)

community care services,

(c)

financial assistance provided by the Independent Living Fund (2006) established by a deed dated 10th April 2006, or

(d)

grants under Chapter 1 of Part 1 of the Housing Grants, Construction and Regeneration Act 1996(1);

“support plan” means—

(a)

in relation to a qualifying service, a support plan developed in accordance with regulation 8 or 9, and

(b)

in relation to a right to control service which is not a qualifying service, a support plan developed in relation to that right to control service;

“surrogate” has the meaning given by regulation 5(2).

(2) In these Regulations, references to a person lacking capacity are to be read in accordance with the Mental Capacity Act 2005(2).

(3) Where any provision of these Regulations requires a relevant authority to inform a person in writing of any matter, that requirement is to be read as including a requirement so far as reasonably practicable to make the information available in a format that is accessible to the person to whom the information is provided.

(1)

1996 c. 53.

(2)

2005 c. 9.