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Version Superseded: 01/07/2022
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There are currently no known outstanding effects for the Community Care (Delayed Discharges etc.) Act 2003, Section 9.
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(1)Regulations may make provision for panels appointed F1... by Local Health Boards in Wales to assist in the resolution of disputes between two or more public authorities about matters arising under or in relation to this Part [F2in relation to Wales].
(2)The persons forming a panel for the purpose of a particular dispute must be appointed by a F3... Local Health Board from lists of persons required by the regulations to be kept by the F4... Board.
(3)The regulations must contain such provision as [F5the Welsh Ministers consider] appropriate for ensuring that each social services authority situated (or any part of whose area is situated) in the area of F6... a Local Health Board is consulted about the persons whose names appear on any list kept by the F7... Board for the purposes of subsection (2).
(4)The regulations may make provision about the panels, including in particular—
(a)provision for determining who is to appoint a panel in the case of a dispute between public authorities which are not all situated in the area of a single F8... Local Health Board;
(b)provision specifying the descriptions of disputes which may be referred to a panel;
(c)provision about the recommendations (including recommendations relating to the payment of any amount by one party to another) which may be made by a panel in relation to any dispute referred to it.
(5)Regulations may prohibit a public authority from bringing legal proceedings against another public authority in relation to a dispute before such steps have been taken in relation to a panel appointed by virtue of this section as may be prescribed in the regulations.
(6)For the purposes of this section “public authority” means an NHS body or a social services authority.
Textual Amendments
F1Words in s. 9(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 110(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2Words in s. 9(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 110(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3Words in s. 9(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 110(c)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 9(2) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 110(c)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5Words in s. 9(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 110(d)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F6Words in s. 9(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 110(d)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7Words in s. 9(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 110(d)(iii); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F8Words in s. 9(4)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 110(e); S.I. 2013/160, art. 2(2) (with arts. 7-9)
Commencement Information
I1S. 9(1)(3)-(6) in force at 4.9.2003 for E. by S.I. 2003/2280, art. 2(1)(f)
I2S. 9(2) in force at 4.9.2003 for specified purposes for E. by S.I. 2003/2280, art. 2(1)(h)
I3S. 9(2) in force at 1.10.2003 for E. in so far as not already in force by S.I. 2003/2280, art. 2(2)(a)
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