SCHEDULES
SCHEDULE 1Cross-border placements
Dispute resolution
C15
I21
Any dispute about the application of any of paragraphs 1 to 4 to an adult's case is to be determined in accordance with this paragraph.
I22
If the dispute is between a local authority in England and a local authority in Wales, it is to be determined by the Secretary of State or the Welsh Ministers.
I23
If the dispute is between a local authority in England and a local authority in Scotland, it is to be determined by the Secretary of State or the Scottish Ministers.
I24
If the dispute is between a local authority in England and a Health and Social Care trust, it is to be determined by the Secretary of State or the Northern Ireland Department.
I25
If the dispute is between a local authority in Wales and a local authority in Scotland, it is to be determined by the Welsh Ministers or the Scottish Ministers.
I26
If the dispute is between a local authority in Wales and a Health and Social Care trust, it is to be determined by the Welsh Ministers or the Northern Ireland Department.
I27
If the dispute is between a local authority in Scotland and a Health and Social Care trust, it is to be determined by the Scottish Ministers or the Northern Ireland Department.
I28
In Article 36 of the Health and Personal Social Services (Northern Ireland) Order 1972, after paragraph (2) insert—
2A
Any question under this Order as to the ordinary residence of a person is to be determined by the Department.
I1I39
Regulations must make provision for determining which of the persons concerned is to determine the dispute; and the regulations may, in particular, provide for the dispute to be determined by whichever of them they agree is to do so.
I1I310
Regulations may make provision for the determination of disputes between more than two parties.
I1I311
Regulations may make further provision about determination of disputes under this paragraph or under regulations under sub-paragraph (10); the regulations may, for example, include—
a
provision requiring parties to a dispute to take specified steps before referring the dispute for determination under this paragraph;
b
provision about the procedure for referring the dispute under this paragraph.