The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004

Interpretation

2.—(1) In these Regulations —

“the 1983 Act” (“Deddf 1983”) means the Mental Health Act 1983(1);

“the 1984 Act” (“Deddf 1984”) means the Mental Health (Scotland) Act 1984(2);

“the 1989 Act” (“Deddf 1989”) means the Children Act 1989;

“the 1995 Act” (“Deddf 1995”) means the Criminal Procedure (Scotland) Act 1995(3);

“the 2000 Act” (“Deddf 2000”) means the Powers of Criminal Courts (Sentencing) Act 2000(4);

“the 2001 Act” (“Deddf 2001”) means the Health and Social Care Act 2001;

“the 2003 Regulations” (“Rheoliadau 2003”) means the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003(5);

“direct payment” (“taliad uniongyrchol”) shall be construed in accordance with regulation 5;

“prescribed person” (“person rhagnodedig”) means a person falling within the description prescribed by regulation 3 or (as the case may be) 4;

“relevant service” (“gwasanaeth perthnasol”) has the meaning given by regulation 5(2); and

“responsible authority” (“awdurdod cyfrifol”) shall be construed in accordance with section 57(2) of the 2001 Act or (as the case may be) section 17A(2) of the 1989 Act(6).

(2) In these Regulations—

(a) a reference to a numbered regulation or Schedule is to the regulation in, or the Schedule to, these Regulations bearing that number;

(b) a reference in a regulation or a Schedule to a numbered paragraph is a reference to the paragraph bearing that number in that regulation or that Schedule;

(c) a reference in a paragraph to a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in that paragraph.

(1)

1983 c. 60.

(2)

1984 c. 36.

(3)

1995 c. 46.

(4)

2000 c. 6.

(5)

S.I. 2003/762.

(6)

Under section 57(2) of the Health and Social Care Act 2001 and section 17A(2) of the Children Act 1989, the “responsible authority” in relation to a prescribed person is the local authority that has decided: (i) that his or her needs call for the provision by them of a particular community care service; (ii) to provide him or her with services by virtue of section 2(1) of the Carers and Disabled Children Act 2000; or (iii) that the needs of a disabled child call for the provision of services to the prescribed person under section 17 of the Children Act 1989.