- Latest available (Revised)
- Point in Time (01/07/2022)
- Original (As enacted)
Point in time view as at 01/07/2022.
Autism Act 2009 is up to date with all changes known to be in force on or before 20 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
An Act to make provision about meeting the needs of adults with autistic spectrum conditions; and for connected purposes.
[12th November 2009]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1)The Secretary of State must prepare and publish a document setting out a strategy for meeting the needs of adults in England with autistic spectrum conditions by improving the provision of relevant services to such adults by local authorities, NHS bodies and NHS foundation trusts.
(2)That document is referred to in this Act as “the autism strategy”.
(3)The autism strategy must be published no later than 1 April 2010.
(4)The Secretary of State—
(a)must keep the autism strategy under review, and
(b)may revise it.
(5)If the Secretary of State revises the autism strategy the Secretary of State must publish it as revised.
(6)The Secretary of State must consult and seek the participation of such persons as the Secretary of State considers appropriate—
(a)in preparing the autism strategy, or
(b)in revising it in a way which would, in the opinion of the Secretary of State, result in a substantial change to the strategy.
(7)A document prepared and published by the Secretary of State before this section comes into force is as effective for the purposes of this section as a document prepared and published after that time.
(8)Consultation and steps to seek participation undertaken by the Secretary of State before this section comes into force are as effective for the purposes of this section as consultation and steps to seek participation undertaken after that time.
(1)For the purpose of securing the implementation of the autism strategy, the Secretary of State must issue guidance—
(a)to local authorities about the exercise of their social services functions within the meaning of the Local Authority Social Services Act 1970 (c. 42) (see section 1A of that Act), and
(b)to NHS bodies and NHS foundation trusts about the exercise of their functions concerned with the provision of relevant services.
(2)Guidance must be issued under this section no later than 31 December 2010.
(3)The Secretary of State—
(a)must keep the guidance under review, and
(b)may revise it.
(4)In keeping the guidance under review the Secretary of State must in particular consider the extent to which the guidance has been effective in securing the implementation of the autism strategy.
(5)Guidance issued under this section must in particular include guidance about—
(a)the provision of relevant services for the purpose of diagnosing autistic spectrum conditions in adults;
(b)the identification of adults with such conditions;
(c)the assessment of the needs of adults with such conditions for relevant services;
(d)planning in relation to the provision of relevant services to persons with autistic spectrum conditions as they move from being children to adults;
(e)other planning in relation to the provision of relevant services to adults with autistic spectrum conditions;
(f)the training of staff who provide relevant services to adults with such conditions;
(g)local arrangements for leadership in relation to the provision of relevant services to adults with such conditions.
(6)The Secretary of State must consult and seek the participation of local authorities, NHS bodies and NHS foundation trusts before—
(a)issuing guidance under this section, or
(b)revising it in a way which would, in the opinion of the Secretary of State, result in a substantial change to the guidance.
(7)Consultation and steps to seek participation undertaken by the Secretary of State before this section comes into force are as effective for the purposes of this section as consultation and steps to seek participation undertaken after that time.
(1)This section applies to guidance or revised guidance issued under section 2 to a local authority or an NHS body.
(2)Guidance or revised guidance is to be treated as if it were general guidance of the Secretary of State under section 7 of the Local Authority Social Services Act 1970 (c. 42) (local authorities to exercise social services functions under guidance of Secretary of State).
(3)For the purposes of guidance or revised guidance—
(a)an NHS body is to be treated as if it were a local authority within the meaning of the 1970 Act (see section 1 of that Act), and
(b)the functions of an NHS body mentioned in section 2(1)(b) are to be treated as if they were its social services functions within the meaning of that Act (see section 1A of that Act).
(1)In this Act—
“adult” means a person who is aged 18 or over (and, accordingly, “child” means a person who is under the age of 18);
“local authority” means—
a county council in England;
a metropolitan district council;
a non-metropolitan district council for an area for which there is no county council;
a London borough council;
the Common Council of the City of London;
the Council of the Isles of Scilly;
“NHS body” means—
“relevant services”—
(a)in relation to an NHS body, means health services provided for the purposes of the health service continued under section 1(1) of the National Health Service Act 2006 (c. 41);
(b)in relation to a local authority, means services provided in the exercise of the authority's social services functions within the meaning of the Local Authority Social Services Act 1970 (see section 1A of that Act).
(2)In this Act references to the provision of services include references to arranging for the provision of services (and references to services provided are to be construed accordingly).
Textual Amendments
F1Words in s. 4(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 171(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2Words in s. 4(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 171(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F3Words in s. 4(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 171(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 4 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F5Words in s. 4(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 168; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
There shall be paid out of money provided by Parliament—
(a)any expenditure incurred under or by virtue of this Act by the Secretary of State, and
(b)any increase attributable to this Act in the sums payable under any other Act out of money so provided.
(1)This Act extends to England and Wales only.
(2)This Act comes into force at the end of the period of 2 months beginning with the day on which it is passed.
(3)This Act may be cited as the Autism Act 2009.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: