The Public Bodies (Abolition of the Disability Living Allowance Advisory Board) Order 2013

EXPLANATORY NOTE

(This note is not part of the Order)

The Disability Living Allowance Advisory Board (“the Board”) was constituted under section 3(1) of the Disability Living Allowance and Disability Working Allowance Act 1991. That section was repealed by section 3(1) of, and Schedule 1 to, the Social Security (Consequential Provisions) Act 1992. At the same time, section 175 of the Social Security Administration Act 1992 (“the Administration Act”) came into force. The effect of section 175 was to continue the Board in being by the same name. The founding provision for the Board is therefore now deemed to be section 175(1) of the Administration Act.

The constitution, function and powers of the Board are prescribed by regulations made under section 175(2) of the Administration Act (the Disability Living Allowance Advisory Board Regulations 1991 (S.I.1991/1746)) (“the 1991 Regulations”).

Section 1(1) of the Public Bodies Act 2011 (c.24) allows a Minister of the Crown by order, to abolish a body or office specified in Schedule 1 to that Act. That Schedule includes the Board.

Accordingly–

(a) article 3 of this Order abolishes the Board;

(b) article 4 and Part 1 of the Schedule repeal section 175 of the Administration Act and remove references to the Board in primary legislation; and

(c) article 5 and Part 2 of the Schedule revoke the 1991 Regulations and remove references to the Board in secondary legislation.

An impact assessment has not been prepared for this Order as it has no direct effect on the costs of the private sector and civil society organisations.