The Community Care Plans (Disapplication) (England) Order 2003

Statutory Instruments

2003 No. 1716

SOCIAL SERVICES, ENGLAND

LOCAL GOVERNMENT, ENGLAND

The Community Care Plans (Disapplication) (England) Order 2003

Made

8th July 2003

Coming into force

9th July 2003

Whereas—

(a) the Secretary of State considers that it is not appropriate for section 46(1) and (2) of the National Health Service and Community Care Act 1990(1) to apply to a local authority in England(2);

(b) the Secretary of State has consulted such local authorities, representatives of local government, and other persons as appear to him to be likely to be affected by his proposals(3);

(c) a document, which explained the Secretary of State’s proposals, set them out in the form of a draft order and gave details of the consultation, was laid before each House of Parliament as required by section 9(3) of the Local Government Act 2000, and the sixty day period for Parliamentary consideration required by section 9(4) of that Act expired before a draft of this Order was laid before Parliament;

(d) in preparing a draft of this Order the Secretary of State considered any representations made during that period(4);

(e) a draft of this Order was laid before Parliament with a statement of the Secretary of State giving details of such representations and of any changes made to the Secretary of State’s proposals contained in the document previously laid before Parliament(5); and

(f) the draft was approved by a resolution of each House of Parliament:

Now, therefore, the Secretary of State for Health, in exercise of the powers conferred upon him by sections 6(1) and 105 of the Local Government Act 2000, and of all other powers enabling him in that behalf, hereby makes the following Order:—

(1)

1990 c. 19.

(2)

See section 6(3)(a) of the Local Government Act 2000 (c. 22) (“the 2000 Act”).

(3)

See section 9(1) of the 2000 Act.

(4)

See section 9(6) of the 2000 Act.

(5)

See section 9(7) of the 2000 Act.