C1C2C3C4C5C6 Part II Establishments and agencies

Annotations:
Modifications etc. (not altering text)
C2

Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)

C4

Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5

C5

Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1

C6

Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5

Miscellaneous and supplemental

I142 Power to extend the application of Part II.

1

Regulations may provide for the provisions of this Part to apply, with such modifications as may be specified in the regulations, to prescribed persons to whom subsection (2) F1, (2A) or (3) applies.

F22

This subsection applies to—

a

Welsh local authorities providing services in the exercise of their social services functions, and

b

persons who provide services which are similar to services which—

i

may or must be so provided by Welsh local authorities, or

ii

may or must be provided by Welsh NHS bodies.

2A

This subsection applies to—

a

English local authorities providing services in the exercise of their social services functions so far as relating to persons aged under 18, and

b

persons who provide services which are similar to services which may or must be so provided by English local authorities.

3

This subsection applies to persons who carry on or manage an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, individuals mentioned in subsection (4).

4

The individuals referred to in subsection (3) are those who provide services for the purpose of any of the services mentioned in subsection (2) F3or (2A).

F45

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66

For the purposes of this section, functions mentioned in section 135(1)(e) of the Education and Inspections Act 2006 are taken to be social services functions relating to persons aged under 18.

7

In this section—

  • “cross-border Special Health Authorities” means Special Health Authorities not performing functions only or mainly in respect of England or only or mainly in respect of Wales,

  • “English local authorities” means local authorities in England,

  • “Welsh local authorities” means local authorities in Wales, and

  • “Welsh NHS bodies” means—

    1. a

      Local Health Boards,

    2. b

      National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales,

    3. c

      Special Health Authorities performing functions only or mainly in respect of Wales, and

    4. d

      cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.