http://www.legislation.gov.uk/id/wsi/2016/413

TitleI11

The title of these Regulations is the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016.

CommencementI22

1

These Regulations come into force on 6 April 2016 subject to paragraphs (2) to (6).

2

Regulation 140 comes into force on the day that section 85D of the Further and Higher Education Act 19922 comes into force.

3

Regulation 158 comes into force on the day that section 562J of the Education Act 19963 comes into force.

4

Regulation 235 comes into force on the day that section 93A of the Education and Inspections Act 20064comes into force.

5

Regulation 253 comes into force on the day that the amendment to section 6 of the Safeguarding Vulnerable Groups Act 20065 made by paragraph 8 of Schedule 14 to the Health and Social Care Act 20086 comes into force.

6

Regulations 322 and 323 come into force immediately after the amendment to the Social Services and Well-being (Wales) Act 2014, which inserts into that Act, Schedule A1 (Direct Payments: After-care Under the Mental Health Act 1983), made by paragraph 1 of Part 2 of Schedule 4 to the Care Act 20147, comes into force.

Children and Young Persons Act 1933 (c. 12)

I33

The Children and Young Persons Act 1933 is amended as follows.

I44

In section 34(7A)8 (attendance at court of parent of child or young person charged with an offence etc.) after “Children Act 1989” insert “or section 76 of the Social Services and Well-being (Wales) Act 2014”.

I55

In section 34A9 (attendance at court of parent or guardian) in subsection (2)(b) after “1970” insert “or the Social Services and Well-being (Wales) Act 2014”.

National Assistance Act 1948 (c. 29)

I66

The National Assistance Act 1948 is amended as follows.

I77

In section 1(replacement of application of poor law by certain provisions of the Act), omit the words from the first “and” to the end.

I88

Omit Part 3.

I99

1

Omit Part 4 except sections 49 and 68.

2

In section 4910 (expenses of council officers acting as receivers) for “any such council as is referred to in section 48(4) of this Act, other than one in Wales,” substitute “a county council in England, a district council for an area in England for which there is no county council, a London borough council or the Common Council of the City of London,”.

Disabled Persons (Employment) Act 1958 (c. 33)

I1010

The Disabled Persons (Employment) Act 1958 is amended as follows.

I1111

In section 3 (provision of sheltered employment by local authorities)—

a

in subsection (1), after the words “A local authority” insert “in England or Scotland”;

b

in subsection (2)11, omit “section twenty-nine of the National Assistance Act 1948 or under paragraph 2 of Schedule 15 to the National Health Service (Wales) Act 2006, or”;

c

in subsection (5)12, omit “and in relation to Wales, the council of a county or county borough”.

I1212

Omit the Schedule.

Health Services and Public Health Act 1968 (c. 46)

I1313

The Health Services and Public Health Act 1968 is amended as follows.

I1414

Omit section 45 (promotion by local authorities of the welfare of old people).

I1515

In section 63(8) (provision of instruction in certain activities connected with health or welfare), in the definition of “the relevant enactments”—

a

in paragraph (a)13 after “2006” insert “or for the purposes of the Social Services and Well-being (Wales) Act 2014”;

b

in paragraph (b)14—

i

omit “Part III of the National Assistance Act 1948”;

ii

omit “section 45 of this Act and”;

iii

after “2006 Acts” insert “and Part 4 of the Social Services and Well-being (Wales) Act 2014”.

I1616

In section 64 (financial assistance by Ministers to certain voluntary organisations), in subsection (3)(a)—

a

omit sub-paragraph (iii);

b

after sub-paragraph (xxii) insert—

xxiii
section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;

I1717

In section 65 (financial assistance by local authorities to certain voluntary organisations), in subsection (3)(b)—

a

omit sub-paragraph (iii);

b

after sub-paragraph (xxii) insert—

xxiii
section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;

Administration of Justice Act 1970 (c. 31)

I1818

In Schedule 8 of the Administration of Justice Act 1970 (maintenance orders for the purposes of Part 2 of the Act and the 1958 Act), in paragraph 6(a) after “Children Act 1989” insert “or under paragraph 3 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014”.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

I2525

The Chronically Sick and Disabled Persons Act 1970 is amended as follows.

I2626

In section 1 (information as to need for and existence of welfare services), omit subsections (1) and (2).

I2727

In section 2 (provision of welfare services) omit subsection (1).

I2828

Omit section 28A (application of Act to authorities having functions under the Children Act 1989).

Attachment of Earnings Act 1971 (c. 32)

I2929

In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which the Act applies), in paragraph 735 after “Children Act 1989” insert “, paragraph 3 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014,”.

Local Government Act 1972 (c. 70)

I3030

In section 112 of the Local Government Act 1972 (appointment of staff), in subsection (4)(g) at the end insert “or section 144 of the Social Services and Well-being (Wales) Act 2014”.

Land Compensation Act 1973 (c. 26)

I3131

In section 38 of the Land Compensation Act 1973 (amount of disturbance payment for persons who do not have compensatable interests), in subsection (3), in paragraph (a)36, for “section 29 of the National Assistance Act 1948” substitute “Part 4 of the Social Services and Well-being (Wales) Act 2014”.

Reserve Forces Act 1980 (c. 9)

I3232

Schedule 2 to the Reserve Forces Act 1980 (army and air-force pensioners and other former soldiers not liable to be recalled for service) is amended as follows—

a

in paragraph 2A37 after “2014” insert “or section 18(1) of the Social Services and Well-being (Wales) Act 2014”;

b

omit paragraph 3(a).

Magistrates’ Court Act 1980 (c. 43)

I3333

In section 62(5)(a) of the Magistrates’ Court Act 198038 (provisions as to payments required to be made to a child etc.) after “Children Act 1989” insert “or section 74 of the Social Services and Well-being (Wales) Act 2014”.

Senior Courts Act 1981 (c. 54)

I3434

In Schedule 1 to the Senior Courts Act 1981 (distribution of business in High Court) in paragraph 3 after sub-paragraph (eb) insert—

ec
proceedings under Part 6 of the Social Services and Well-being (Wales) Act 2014;

Mental Health Act 1983 (c. 20)

I3535

The Mental Health Act 1983 is amended as follows.

I3636

In section 117B39 (after-care: exception for provision of nursing care), in subsection (1) omit “in England”.

I3737

In section 13540 (warrant to search for and remove patients to place of safety), in subsection (6) for “Part III of the National Assistance Act 1948” substitute “Part 4 of the Social Services and Well-being (Wales) Act 2014”.

Public Health (Control of Disease) Act 1984 (c. 22)

I4141

In section 46 of the Public Health (Control of Disease) Act 1984 (burial and cremation), for subsection (2)46 substitute—

2
Any council which is the local authority for the purposes of the Local Authority Social Services Act 1970 may cause to be buried or cremated the body of any deceased person who immediately before his death was being provided with accommodation under Part 1 of the Care Act 2014.
2A
A local authority within the meaning of the Social Services and Well-being (Wales) Act 2014 may cause to be buried or cremated the body of any deceased person who immediately before his death was being provided with accommodation under Part 4 of that Act.

Matrimonial and Family Proceedings Act 1984 (c. 42)

I4242

In section 31L(8)(a)(i) of the Matrimonial and Family Proceedings Act 198447 (enforcement) after “Children Act 1989” insert “or section 74 of the Social Services and Well-being (Wales) Act 2014”.

Transport Act 1985 (c. 67)

I4343

The Transport Act 1985 is amended as follows.

I4444

In section 104 (travel concessions) in subsection (2)(b)48, for paragraph (ii) substitute—

ii
by any local authority within the meaning of the Social Services and Well-being (Wales) Act 2014 in the discharge of their functions under Part 4 of that Act (meeting needs).

I4545

In section 137(1) (general interpretation), in the definition of “social services functions” at the end insert “or the Social Services and Well-being (Wales) Act 2014”.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

I4646

The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.

I4747

In section 2(5) (rights of authorised representatives of disabled persons)—

a

in paragraph (b)49, for “Part III of the 1948 Act or Part 1 of the Care Act 2014” substitute “Part 1 of the Care Act 2014 or Part 4 of the Social Services and Well-being (Wales) Act 2014”;

b

in paragraph (bb)50 after “Part III of the Children Act 1989” insert “, or under Part 6 of the Social Services and Well-being (Wales) Act 2014”;

c

in paragraph (c)51, for “section 26 of the 1948 Act or Part 1 of the Care Act 2014” substitute “Part 1 of the Care Act 2014 or, in Wales, in compliance with a local authority’s duty to meet the needs of the disabled person pursuant to Part 4 of the Social Services and Well-being (Wales) Act 2014”; and

d

in paragraph (cc)52 after “under section 17 of the Children Act 1989” insert “, or under Part 4 of the Social Services and Well-being (Wales) Act 2014”.

I4848

In section 3 (assessment by local authorities in Wales or Scotland of needs of disabled persons)—

a

in subsection (1)53 omit “Wales or”;

b

in the heading to the section54 omit “Wales or”.

I4949

In section 455 (services under section 2 of the Chronically Sick and Disabled Persons Act 1970: duty to consider needs of disabled persons)—

a

in subsection (1)—

i

after “local authority” insert “in England”;

ii

for “section 2(1) or (4)” substitute “section 2(4)”;

b

in subsection (2) omit “In the case of a local authority in England”.

I5050

In section 8 (duty of local authority in Wales or Scotland to take into account abilities of carer)—

a

in subsection (1)(b)56 omit “Wales or”;

b

in the heading to the section57 omit “Wales or”.

I5151

In section 16(1) (interpretation)

a

in the definition of “disabled person”, for paragraph (a)58 substitute—

a
in relation to Wales means a person who is disabled within the meaning of section 3 of the Social Services and Well-being (Wales) Act 2014; and

b

in the definition of “local authority”—

i

after “1970” insert “or the Social Services and Well-being (Wales) Act 2014”;

ii

for “that Act” substitute “the 1970 Act”;

c

in the definition of “the welfare enactments”—

i

omit “Part III of the 1948 Act, section 2 of the 1970 Act and”;

ii

in paragraph (za)59, after “England,” insert “section 2 of the 1970 Act,”;

iii

in paragraph (a)60, for the words from “Schedule 15” to the end of the paragraph insert “Parts 4 and 6 of the Social Services and Well-being (Wales) Act 2014”;

d

for subsection (2)61 substitute—

2
In this Act as it applies in relation to England, any reference to a child who is looked after by a local authority has the same meaning as in Part 3 of the Children Act 1989.
2ZA
In this Act as it applies in relation to Wales, any reference to a child who is looked after by a local authority has the same meaning as in Part 6 of the Social Services and Well-being (Wales) Act 2014.

Local Government Finance Act 1988 (c. 41)

I5252

1

In Schedule 5 to the Local Government Finance Act 1988 (non-domestic rating: exemption), paragraph 16 is amended as follows.

2

For sub-paragraph (2)62 substitute—

2
For the purposes of this paragraph in its application to hereditaments in Wales, a person is disabled if he is disabled within the meaning of section 3 of the Social Services and Well-being (Wales) Act 2014.

3

For sub-paragraph (4)63 substitute—

4
“Welfare services for disabled persons” means services or facilities (by whomsoever provided)—
a
of a kind which a local authority in England had power to provide under section 29 of the National Assistance Act 1948 before it ceased to apply to local authorities in England;
b
of a kind which a local authority in Wales has power to provide, or arrange to provide, to an adult in the exercise of its functions under sections 35 or 36 of the Social Services and Well-being (Wales) Act 2014.

Children Act 1989 (c. 41)

I5555

The Children Act 198967 is amended as follows.

I5656

In subsection (11) of section 14F68 (special guardianship support services)—

a

after “local authority” in the first place it occurs insert “in England”;

b

at the end of the subsection insert “and see sections 164 and 164A of the Social Services and Well-being (Wales) Act 2014 for provision about co-operation between local authorities in Wales and other bodies.”

I5757

1

After the heading in Part 3 insert—

Application to local authorities in England
Application to local authorities in England16B
1
This Part applies in relation to local authorities in England.
2
Accordingly, unless the contrary intention appears, a reference in this Part to a local authority means a local authority in England.

2

For the heading to Part 3 substitute—

SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

I5858

In section 17 (provision of services for children in need, their families and others)—

a

in subsection (4)69 for “appropriate national authority” substitute “Secretary of State”;

b

at the end of the section insert—

13
The duties imposed on a local authority by virtue of this section do not apply in relation to a child in the authority’s area who is being looked after by a local authority in Wales in accordance with Part 6 of the Social Services and Well-being (Wales) Act 2014.

I5959

In section 17ZA70 (young carers’ needs assessments: England)—

a

in subsection (1) omit “in England”;

b

in subsection (12) omit “in England”;

c

in the heading omit “: England”.

I6060

In section 17ZD71 (parent carers’ needs assessments: England)—

a

in subsection (1) omit “in England”;

b

in subsection (14) omit “in England”;

c

in the heading omit “: England”.

I6161

In section 17ZG(1)(a)72 (section 17 services: continued provision where EHC plan is maintained) omit “in England”.

I6262

In section 17ZH73 (section 17 services: transition for children to adult care and support)—

a

in subsection (1) omit “in England”;

b

in subsection (5) omit “in England”.

I6363

In section 17ZI(1) (section 17 services: provision after EHC plan no longer maintained) omit “in England”.

I6464

In section 17A(1)74 (direct payments) for “appropriate national authority” substitute “Secretary of State”.

I6565

Omit section 17B75 (vouchers for persons with parental responsibility for disabled children).

I6666

In section 1876 (day care for pre-school and other children)—

a

omit subsection (2);

b

omit subsection (6).

I6767

In section 20 (provision of accommodation for children: general)—

a

in subsection (2)(b) after “prescribed” insert “in regulations made by the Secretary of State”;

b

after subsection (2) insert—

2A
Where a local authority in Wales provide accommodation under section 76(1) of the Social Services and Well-being (Wales) Act 2014 (accommodation for children without parents or who are lost or abandoned etc.) for a child who is ordinarily resident in the area of a local authority in England, that local authority in England may take over the provision of accommodation for the child within—
a
three months of being notified in writing that the child is being provided with accommodation; or
b
such other longer period as may be prescribed in regulations made by the Secretary of State.

I6868

In section 21(3)77 (provision of accommodation for children in police protection or detention or on remand, etc.)—

a

after “local authority” in the first place it occurs insert “or by a local authority in Wales”;

b

after “local authority” in the second place it occurs insert “, or local authority in Wales,”.

I6969

In section 22 (general duty of local authority in relation to children looked after by them)—

a

in subsection (1)78 for “In this Act” substitute “In this section”;

b

in subsection (3B)79 omit “in England”;

c

in subsection (3C) omit “in England”;

d

in subsection (7)80—

i

for “appropriate national authority”, in both places that it appears, substitute “Secretary of State”, and

ii

for “the local authority” substitute “the authority”.

I7070

In section 22C81 (ways in which looked after children are to be accommodated and maintained)—

a

in subsection (9A)82 omit “are a local authority in England and”;

b

in subsection (11) for “appropriate national authority” substitute “Secretary of State”;

c

for subsection (12) substitute—

12
For the meaning of “local authority foster parent” see section 105(1).

I7171

For section 22E83 (children’s homes provided by appropriate national authority) substitute—

Children’s homes provided by Secretary of State or Welsh Ministers22E
Where a local authority place a child they are looking after in a children’s home provided, equipped and maintained by the Secretary of State or the Welsh Ministers under section 82(5), they must do so on such terms as the Secretary of State or the Welsh Ministers (as the case may be) may from time to time determine.

I7272

In section 23ZA(3)(a)84 (duty of local authority to ensure visits to, and contact with, looked after children and others) for “appropriate national authority” substitute “Secretary of State”.

I7373

In section 23ZB85 (independent visitors for children looked after by a local authority)—

a

in subsection (1)(a) for “appropriate national authority” substitute “Secretary of State”;

b

in subsection (9) for “appropriate national authority” substitute “Secretary of State”.

I7474

In section 23A86 (the responsible authority and relevant children)—

a

in subsection (2)(a) for “by any local authority” substitute “by any local authority in England or by any local authority in Wales”;

b

in subsection (3) for “appropriate national authority” substitute “Secretary of State”;

c

in subsection (5) for “appropriate national authority”, in both places that it appears, substitute “Secretary of State”.

I7575

In section 23B(10)87 (additional functions of the responsible authority in respect of relevant children) for “appropriate national authority” substitute “Secretary of State”.

I7676

In section 23C(5B)88 (continuing functions in respect of former relevant children) for “appropriate national authority” substitute “Secretary of State”.

I7777

In section 23CZA(1)89 (arrangements for certain former relevant children to continue to live with former foster parents) omit “in England”.

I7878

In section 23CA(1)(a)90 (further assistance to pursue education or training) for “appropriate national authority” substitute “Secretary of State”.

I7979

In section 23D91 (personal advisers)—

a

in subsection (1) for “appropriate national authority” substitute “Secretary of State”;

b

in subsection (2) for “appropriate national authority” substitute “Secretary of State”.

I8080

In section 23E92 (pathway plans)—

a

in subsection (1) after “prescribed” insert “in regulations made by the Secretary of State”;

b

in subsection (1B) for “appropriate national authority” substitute “Secretary of State”;

c

in subsection (2) for “appropriate national authority” substitute “Secretary of State”.

I8181

In section 2493 (persons qualifying for advice and assistance)—

a

in subsection (2)(a)94 at the end insert “(without subsequently being looked after by a local authority in Wales)”;

b

in subsection (2)(d)(ii)95 at the end insert “, or by a local authority in Wales in the exercise of education functions”;

c

in subsection (5)(za)96 for “appropriate national authority” substitute “Secretary of State”.

I8282

In section 24A97 (advice and assistance)—

a

in subsection (2)(b) after “local authority,” insert “or local authority in Wales”;

b

in subsection (3)(a) after “local authority” insert “(without subsequently being looked after by a local authority in Wales),”.

I8383

In section 24B(6)98 (employment, education and training) for “appropriate national authority” substitute “Secretary of State”.

I8484

In section 24C99 (information)—

a

in subsection (1) after “area of another local authority” insert “, or in the area of a local authority in Wales”;

b

for subsection (2)100 substitute—

2
Where a child who is accommodated in England—
a
by a voluntary organisation or in a private children’s home;
b
by or on behalf of any Local Health Board or Special Health Authority;
c
by or on behalf of a clinical commissioning group or the National Health Service Commissioning Board;
d
by or on behalf of a local authority in the exercise of education functions;
e
by or on behalf of a local authority in Wales in the exercise of education functions;
f
in any care home or independent hospital; or
g
in any accommodation provided by or on behalf of a National Health Service trust or by or on behalf of an NHS Foundation Trust,
ceases to be so accommodated after reaching the age of 16, the person by whom or on whose behalf the child was accommodated or who carries on or manages the home or hospital (as the case may be) must inform the local authority or local authority in Wales within whose area the child proposes to live.

c

in subsection (3) for “paragraph (b) or (c)” substitute “any of paragraphs (b) to (g)”;

d

for subsection (4)101 substitute—

4
In a case where a child was accommodated by or on behalf of a local authority, or a local authority in Wales, in the exercise of education functions, subsection (2) applies only if the authority who accommodated the child is different from the authority within whose area the child proposes to live.

I8585

In section 24D102 (representations: sections 23A to 24B)—

a

in subsection (1A)103 for “appropriate national authority” substitute “Secretary of State”;

b

in subsection (2) for “appropriate national authority” substitute “Secretary of State”.

I8686

In section 25104 (use of accommodation for restricting liberty)—

a

in subsection (1)—

i

after “local authority” insert “or local authority in Wales”;

ii

after “accommodation” in the first place it occurs insert “in England”;

b

in subsection (2) for “appropriate national authority” substitute “Secretary of State”;

c

in subsection (2)(a)(i), (2)(a)(ii) and (2)(b) after “accommodation” in each place that it occurs, insert “in England”;

d

in subsection (2)(c) after “local authorities” insert “or local authorities in Wales”;

e

in subsection (7) for “appropriate national authority” substitute “Secretary of State”;

f

in subsection (7)(c) after “accommodation” insert “in England”.

I8787

In section 25A(4)105 (appointment of independent reviewing officer) for “appropriate national authority” substitute “Secretary of State”.

I8888

In section 25B106 (functions of independent reviewing officer)—

a

in subsections (1)(b), (1)(d) and (2)(a) for “appropriate national authority”, in each place that it occurs, substitute “Secretary of State”;

b

in subsection (3) omit paragraph (b) and the “or” immediately preceding it.

I8989

Omit section 25C(2)107 (referred cases, regulations in respect of Wales).

I9090

In section 26108 (review of cases and inquiries into representations), in the following provisions, for “appropriate national authority” substitute “Secretary of State”—

a

subsection (1);

b

subsection (3A);

c

subsection (3B);

d

subsection (3C);

e

subsection (4A);

f

subsection (5);

g

subsection (6).

I9191

Omit section 26ZB109 (representations: further consideration (Wales)).

I9292

In section 26A110 (advocacy services)—

a

omit subsection (2A)111;

b

in subsections (3)(a) and (4)112, for “appropriate national authority” substitute “Secretary of State”.

I9393

In section 27 (co-operation between authorities)—

a

after subsection (3)(d) insert—

da
any local authority in Wales,

b

in subsection (3)(e)113 for “appropriate national authority” substitute “Secretary of State”;

c

after subsection (3) insert—

3A
The Secretary of State must not authorise the Welsh Ministers under subsection (3)(e) without their consent.

I9494

In section 29 (recoupment of cost of providing services etc.)—

a

in subsection (7) after “another local authority” insert “or the area of a local authority in Wales”;

b

in subsection (8)114 after “another local authority” insert “or the area of a local authority in Wales”;

c

in subsection (9)115—

i

after “subsection (10)” insert “or subsection (11)”;

ii

after “section 27(2)” insert “or section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information)”;

iii

after “the local authority” insert “or a local authority in Wales”;

d

after subsection (10)116 insert—

11
Where a local authority (“authority A”) comply with any request under section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) from a local authority in Wales (“authority B”) in relation to a person, and authority B are the responsible local authority for that person (within the meaning of section 104(5)(b) (except for category 4 young persons) or (d) of that Act), then authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.

I9595

In section 30 (miscellaneous)—

a

in subsection (2)117—

i

for “determining authority” substitute “Secretary of State”;

ii

at the end insert “but see subsection (2C)”;

b

omit subsections (2A) and (2B);

c

after subsection (2) insert—

2C
Any question arising as to whether a child is ordinarily resident—
a
in the area of a local authority under section 20(2), 21(3) or 29(7) to (9), or
b
in the area of a local authority in Wales under section 76(2), 77(4) or (5), or 193(3) to (6) of the Social Services and Well-being (Wales) Act 2014,
shall be determined by the local authority and local authority in Wales concerned, or in default of agreement, by the Secretary of State.
2D
The Secretary of State must consult the Welsh Ministers before making a determination under subsection (2C).

d

in subsection (4) for “appropriate national authority” substitute “Secretary of State”.

I9696

Omit section 30A118 (meaning of appropriate national authority).

I9797

In section 33(8)(b) (arrangements for a child to live outside England and Wales) after “Schedule 2” insert “in England, and section 124 of the Social Services and Well-being (Wales) Act 2014 in Wales”.

I9898

In section 34119 (parental contact etc. with children in care)—

a

in subsection (1) after “section 22(3)(a)” insert “or, where the local authority is in Wales, under section 78(1)(a) of the Social Services and Well-being (Wales) Act 2014”;

b

after subsection (6A)120 insert—

6B
Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in Wales is authorised to refuse contact between the child and a person mentioned in any of paragraphs (a) to (c) of section 95(1) of the Social Services and Well-being (Wales) Act 2014, section 95(1) of that Act does not require the authority to promote contact between the child and that person.

I9999

In section 42121 (right of officer of the Service to have access to local authority records) in paragraph (b) of subsection (1), after “1970” insert “or for the purposes of the Social Services and Well-being (Wales) Act 2014”.

I100100

In section 47 (local authority’s duty to investigate), for subsection (3)(a)122 substitute—

a
whether the authority should—
i
make any application to court under this Act;
ii
exercise any of their other powers under this Act;
iii
exercise any of their powers under section 11 of the Crime and Disorder Act 1998 (child safety orders); or
iv
(where the authority is a local authority in Wales) exercise any of their powers under the Social Services and Well-being (Wales) Act 2014;
with respect to the child;

I101101

In section 59 (provision of accommodation by voluntary organisations)—

a

in subsection (3A)123 after “Regulations” insert “made in relation to England”;

b

after subsection (3A) insert—

3B
Regulations made in relation to Wales under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 81 or 87 of the Social Services and Well-being (Wales) Act 2014, including provision which may be made under section 87 in accordance with the examples given in sections 89, 92 and 93 of that Act.

c

in subsection (5A) after “Regulations” insert “made in relation to England”;

d

after subsection (5A) insert—

5B
Regulations made in relation to Wales under subsection (4) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 99, 100 or 102 of the Social Services and Well-being (Wales) Act 2014.

I102102

In section 85 (children accommodated by health authorities and local education authorities)—

a

in subsection (1)124—

i

after “accommodation” insert “in England”;

ii

omit “Local Health Board”;

iii

after “local authority” insert “in England”;

b

in subsection (2A)125 for “provided with accommodation by a local authority” substitute “provided with accommodation in England by a local authority in England”;

c

in subsection (3A)(b)126 for “lead director for children and young person’s services” substitute “director of social services”;

d

in subsection (4)127 for “local authority has been notified under this section” substitute “local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities)”.

I103103

In section 86128 (children accommodated in care homes or independent hospitals)—

a

in subsection (1)129 after “accommodation” insert “in England”;

b

in subsection (5)130 after “local authority” insert “in England”.

I104104

In section 86A131 (visitors for children notified to local authority under section 85 or 86)—

a

in subsection (1) after “local authority” insert “in England”;

b

in subsection (1)(a) after “section 85(1) or 86(1)” insert “, or under section 120(2)(a) of the Social Services and Well-being (Wales) Act 2014”;

c

in subsection (1)(b) for “or, as the case may be, 86(2)” substitute “, 86(2), or under section 120(2)(b) of the Social Services and Well-being (Wales) Act 2014, as the case may be”;

d

in subsection (5) omit “and the Welsh Ministers acting jointly”;

e

in the heading omit “under section 85 or 86”.

I105105

For section 104A132 (regulations and orders made by the Welsh Ministers under Part 3 etc.) substitute—

Regulations made by the Welsh Ministers under section 31A or Part 7104A
1
Any power of the Welsh Ministers under section 31A or Part 7 to make regulations shall be exercisable by statutory instrument.
2
Any such statutory instrument shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

I106106

In section 105 (interpretation)—

a

in subsection (1) for the definition of “local authority foster parent” substitute—

“local authority foster parent”133 means a person authorised as such in accordance with regulations made by virtue of—
a
paragraph 12F of Schedule 2; or
b
sections 87 and 93 of the Social Services and Well-being (Wales) Act 2014 (regulations providing for approval of local authority foster parents);

b

for subsection (4) substitute—

4
References in this Act to a child who is looked after—
a
in relation to a child who is looked after by a local authority in England, has the meaning given in section 22; and
b
in relation to a child who is looked after by a local authority in Wales, has the meaning given in section 74 of the Social Services and Well-being (Wales) Act 2014 (child or young person looked after by a local authority).

c

in subsection (5)134 omit “within the meaning of the Local Authority Social Services Act 1970”;

d

after subsection (5) insert—

5B
In subsection (5) “social services functions” means—
a
in England, social services functions within the meaning of the Local Authority Social Services Act 1970, and
b
in Wales, social services functions within the meaning of the Social Services and Well-being (Wales) Act 2014.

I107107

After the heading in Schedule 2 (local authority support for children and families) insert—

Application to local authorities in England
A1
1
This Schedule applies only in relation to local authorities in England.
2
Accordingly, unless the contrary intention appears, a reference in this Schedule to a local authority means a local authority in England.

I108108

In Schedule 2, in paragraph 4 (prevention of neglect and abuse)—

a

in sub-paragraph (2)(b) after “another local authority” insert “or in the area of a local authority in Wales”;

b

in sub-paragraph (2) after “that other local authority” insert “or the local authority in Wales, as the case may be”;

c

in sub-paragraph (3) after “that other local authority” insert “or the local authority in Wales”.

I109109

In Schedule 2, in paragraph 6(2)135 (provision for disabled children) for “appropriate national authority” substitute “Secretary of State”.

I110110

In Schedule 2, in paragraph 7(c) after “secure accommodation” insert “within the meaning given in section 25 and in section 119 of the Social Services and Well-being (Wales) Act 2014”.

I111111

In Schedule 2, in paragraph 8A(2)136 (provision for accommodated children) after “under section 85 or 86” insert “or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities)”.

I112112

In Schedule 2, in the heading of Part 2 (children looked after by local authorities), at the end insert “in England”.

I113113

In Schedule 2, in paragraph 12F137 (approval of local authority foster parents)—

a

in sub-paragraph (1)(a) after “prescribed” insert “in regulations made by the Secretary of State”;

b

in sub-paragraph (1)(b) for “that national authority” substitute “the Secretary of State”;

c

in the following provisions for “appropriate national authority” in each place that it occurs, substitute “Secretary of State”—

i

sub-paragraph (1)(b);

ii

sub-paragraph (4);

iii

sub-paragraph (5);

iv

sub-paragraph (6);

v

sub-paragraph (7);

vi

sub-paragraph (8);

vii

sub-paragraph (9);

d

omit sub-paragraph (10);

e

in sub-paragraph (11), in the definition of “organisation” after “includes” insert “the Welsh Ministers,”.

I114114

In Schedule 2, in paragraph 15(3) (promotion of maintenance of contact between child and family) after “another local authority” insert “or a local authority in Wales”.

I115115

In Schedule 2, in paragraph 19B138 (additional functions in relation to eligible children)—

a

in sub-paragraph (2)(b) after “a local authority” insert “or by a local authority in Wales”;

b

in sub-paragraph (3) for “appropriate national authority” substitute “Secretary of State”;

c

in sub-paragraph (7) for “appropriate national authority” substitute “Secretary of State”.

I116116

In Schedule 2, in paragraph 19BA(1)139 (preparation for ceasing to be looked after: staying put arrangements) omit “in England”.

I117117

In Schedule 2, for paragraph 20(1)(a)140 (death of children being looked after by local authorities) substitute—

a
shall notify the Secretary of State and Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;

I118118

In Schedule 2, in the heading of Part 3 (contributions towards maintenance of children looked after by local authorities), at the end insert “in England”.

I119119

In Schedule 2, in paragraph 24(3) (enforcement of contribution orders) before paragraph (a) insert—

aa
a local authority in Wales;

I120120

In Schedule 2, in paragraph 25141 (regulations)—

a

for “appropriate national authority” substitute “Secretary of State”;

b

in sub-paragraph (b) for “a local authority” substitute “they”;

c

for sub-paragraph (b)(ii) substitute—

ii
any other local authority under paragraph 24(2).

I121121

For the heading to Schedule 2 substitute—

SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

I122122

In paragraph 61 of Schedule 13 (consequential amendments) omit sub-paragraphs (3) and (4).

Opticians Act 1989 (c. 44)

I123123

In section 27 of the Opticians Act 1989 (sale and supply of optical appliances), in subsection (3)(e)(i)142, for the words from “registered as blind” to the end, substitute “section 18(1) of the Social Services and Well-being (Wales) Act 2014.”

National Health Service and Community Care Act 1990 (c. 19)

I124124

The National Health Service and Community Care Act 1990 is amended as follows.

I125125

Omit section 46 (local authority plans for community care services).

I126126

In section 47 (assessment of needs for community care services)—

a

in subsection (1)143 omit “(in the case of a local authority in England) or of community care services (in the case of a local authority in Wales)”;

b

in subsection (2)144—

i

after “local authority” insert “in England”;

ii

omit “, in the case of a local authority in England”;

c

omit subsection (7);

d

in subsection (8) for “and “community care services” have the same meanings as in section 46 above” substitute “means a county council in England, a district council for an area in England for which there is no county council, the council of a county or county borough in Wales, a London borough council or the Common Council of the City of London”.

I127127

In section 48 (inspection of premises used for provision of community care services)—

a

in subsection (1)145 for “community care services” substitute “services under Part 4 of the Social Services and Well-being (Wales) Act 2014”;

b

in subsection (8) for “and “community care services”” to the end substitute “has the same meaning as in section 47”.

Criminal Justice Act 1991 (c. 53)

I128128

In section 60(3)146 of the Criminal Justice Act 1991 (remands and committals to local authority accommodation)—

a

after “Children Act 1989” insert “or section 119 of the Social Services and Well-being (Wales) Act 2014”, and

b

for “of that Act” substitute “of the Children Act 1989”.

Water Industry Act 1991 (c. 56)

I129129

In paragraph 8(2) of Schedule 4A147 to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges) in the definition of “care home”—

a

omit paragraph (b), and

b

after paragraph (c) insert—

d
a building or part of a building—
i
in which accommodation is provided under Part 4 of the Social Services and Well-being (Wales) Act 2014; and
ii
which is not part of premises any part of which is a children’s home within the meaning of the Care Standards Act 2000;

Further and Higher Education Act 1992 (c. 13)

I140140

In section 85D(7) of the Further and Higher Education Act 1992157 (recording and reporting the use of force by members of staff: England) after “Children Act 1989” insert “or section 76 of the Social Services and Well-being (Wales) Act 2014”.

Local Government Finance Act 1992 (c. 14)

I141141

In paragraph 7(2) of Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for the purposes of council tax discount), in the definition of “care home” for paragraph (b) substitute—

b
a building or part of a building in which accommodation is provided for an adult under Part 4 of the Social Services and Well-being (Wales) Act 2014;

Carers (Recognition and Services) Act 1995 (c. 12)

I142142

In section 1 of the Carers (Recognition and Services) Act 1995 (assessment of ability of carers to provide care: England and Wales)—

a

in subsection (1)(a)158—

i

after “local authority”, where it first occurs, insert “in England”;

ii

in sub-paragraph (i) omit “in the case of a local authority in England,”;

iii

omit sub-paragraph (ii) and the word “or” immediately preceding it;

b

in subsection (2)(a), after “local authority” insert “in England”;

c

in subsection (3A)159 omit “In the case of a local authority in England,”;

d

omit subsection (5);

e

in subsection (6)—

i

omit the definitions of “community care services” and “disabled person”;

ii

for the definition of “local authority” substitute—

“local authority” means a county council, a district council for an area in England for which there is no county council, a London borough council or the Common Council of the City of London;

Employment Rights Act 1996 (c. 18)

I143143

The Employment Rights Act 1996 is amended as follows.

I144144

In section 57ZS160 (placement of looked after children with prospective adopters)—

a

after subsection (2) insert—

2A
Subsection (2B) applies where a local authority in Wales notifies a person—
a
who is a local authority foster parent, and
b
who has been approved as prospective adopter,
that a child is to be, or is expected to be, placed with that person under section 81 of the Social Services and Well-being (Wales) Act 2014.
2B
Where this subsection applies, sections 57ZJ, 57ZL, 57ZN and 57ZP have effect as if—
a
references to adoption or placement for adoption were references to placement of a child under section 81 of the Social Services and Well-being (Wales) Act 2014 with a local authority foster parent who has been approved as a prospective adopter;
b
references to placing for adoption were references to placing a child under section 81 of that Act with a local authority foster parent who has been approved as a prospective adopter;
c
references to an adoption agency were references to a local authority in Wales.

b

in subsection (3) after “Children Act 1989” insert “or section 81 of the Social Services and Well-being (Wales) Act 2014”.

I145145

In section 75A161 (ordinary adoption leave) for subsection (1A)(c) substitute—

c
being notified—
i
by a local authority in England that a child is to be, or is expected to be, placed with the employee under section 22C of the Children Act 1989;
ii
by a local authority in Wales that a child is to be, or is expected to be, placed with the employee under section 81 of the Social Services and Well-being (Wales) Act 2014.

I146146

In section 75G162 (entitlement to shared parental leave: adoption)—

a

for subsection (7) substitute—

7
Regulations under subsections (1) and (4) are to provide for leave in respect of a child placed, or expected to be placed—
a
under section 22C of the Children Act 1989 by a local authority in England, or
b
under section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales,
with a local authority foster parent who has been approved as a prospective adopter.

b

in subsection (8) after “Children Act 1989” insert “, or section 81 of the Social Services and Well-being (Wales) Act 2014”.

I147147

In section 80B163 (entitlement to paternity leave: adoption)—

a

for subsection (6A) substitute—

6A
Regulations under subsection (1) shall include provision for leave in respect of a child placed, or expected to be placed—
a
under section 22C of the Children Act 1989 by a local authority in England, or
b
under section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales,
with a local authority foster parent who has been approved as a prospective adopter.

b

in subsection (6B)(a) after “Children Act 1989” insert “, or section 81 of the Social Services and Well-being (Wales) Act 2014”;

c

in subsection (6B)(b) after “section 22C” insert “of the Children Act 1989, or section 81 of the Social Services and Well-being (Wales) Act 2014”.

I148148

In section 235(1)164 (other definitions) in the definition of “local authority foster parent”, for “section 22C(12)” substitute “section 105(1)”.

Housing Act 1996 (c. 52)

I149149

The Housing Act 1996 is amended as follows.

I150150

In section 213A of the Housing Act 1996165 (co-operation in certain cases involving children)—

a

in subsection (5)(b) after “Part 3 of the Children Act 1989” insert “or Part 6 of the Social Services and Well-being (Wales) Act 2014”;

b

in subsection (7), in the definition of “the social services department”, after “Part 3 of the Children Act 1989” insert “or Part 6 of the Social Services and Well-being (Wales) Act 2014”.

I151151

In section 217 of the Housing Act 1996 (minor definitions: Part 7), in the definition of “social services authority”—

a

after “means” insert

—
a
in relation to England

b

at the end insert—

b
in relation to Wales, a local authority exercising social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014.

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

I152152

Section 100 of the Housing Grants, Construction and Regeneration Act 1996 (disabled persons) is amended as follows—

a

in subsection (2), for paragraphs (a) and (b) substitute—

a
the person is registered in a register maintained under section 18(5) of the Social Services and Well-being (Wales) Act 2014 (register of disabled adults and adults with an impairment or who have needs for care and support), or
b
in the opinion of the social services authority, the person falls within a category mentioned in section 18(6) of that Act.

b

after subsection (3)(b) insert—

c
the person is registered as disabled in a register maintained under section 18(4) of the Social Services and Well-being (Wales) Act 2014, or
d
the person is, in the opinion of the social services authority, disabled as defined for the purposes of section 3 of the Social Services and Well-being (Wales) Act 2014.

c

for subsection (4) substitute the following—

4
In this Part “social services authority” means—
a
in England, the council which is the local authority for the purposes of the Local Authority Social Services Act 1970, and
b
in Wales, the council which is the local authority for the purposes of the Social Services and Well-being (Wales) Act 2014,
for the area in which the dwelling or building is situated.

d

in subsection (5)166—

i

omit “section 29(1) of the National Assistance Act 1948 or”;

ii

after “section 17(11) of the Children Act 1989” insert “or section 3 of the Social Services and Well-being (Wales) Act 2014”.

Education Act 1996 (c. 56)

I153153

The Education Act 1996 is amended as follows.

I154154

In section 463(1)(b)167 (meaning of “independent school”) after “Children Act 1989” insert “or section 74 of the Social Services and Well-being (Wales) Act 2014”.

I155155

In section 515(4)168 (provision of teaching services for day nurseries), in the definition of “day nursery” after “and other children)” insert “or sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children)”.

I156156

In section 535(4)169 (provision of teaching services for day nurseries), in the definition of “day nursery” after “and other children)” insert “or sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children)”.

I157157

In section 562(3)170 (Act not to apply to persons detained under order of a court) after “Children Act 1989” insert “or section 119(4) of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty)”.

I318158

In section 562J(1) (interpretation of chapter) in the definition of “looked after child”, after “Children Act 1989” insert “or the Social Services and Well-being (Wales) Act 2014”.

School Standards and Framework Act 1998 (c. 31)

I158159

For section 84(7) of the School Standards and Framework Act 1998171 (code for school admissions) substitute—

7
In this Chapter, references to a child who is looked after by a local authority are to be read—
a
in relation to a local authority in England, in accordance with section 22 of the Children Act 1989;
b
in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014.

Crime and Disorder Act 1998 (c. 37)

I159160

The Crime and Disorder Act 1998 is amended as follows.

I160161

In section 40(3) (youth justice plans) for subsection (3) substitute—

3
The functions assigned to a youth offending team under subsection (1)(b) above may include, in particular—
a
functions under paragraph 7(b) of Schedule 2 to the 1989 Act (local authority’s duty to take reasonable steps designed to encourage children and young persons not to commit offences);
b
functions relating to a local authority’s duty under section 15(2)(g) of the Social Services and Well-being (Wales) Act 2014 to provide or arrange for the provision of services for the purposes of encouraging children not to commit criminal offences.

I161162

In Schedule 8 omit paragraph 69.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

I162163

In section 50(10) of the Youth Justice and Criminal Evidence Act 1999 (defences) after “Children Act 1989” insert “or the Social Services and Well-being (Wales) Act 2014”.

Immigration and Asylum Act 1999 (c. 33)

I163164

1

In section 122(4) of the Immigration and Asylum Act 1999172 (meaning of “assistance”)—

a

at the end of paragraph (b) omit “or”;

b

at the end of paragraph (c) omit the full stop and insert “or”;

c

after paragraph (c) insert—

d
sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (similar provision for Wales).

2

But until the commencement of section 47 of the Nationality, Immigration and Asylum Act 2002, paragraph (1) is to have effect as if it read—

1
In section 122(7) (meaning of child welfare provisions)—
a
at the end of paragraph (b) omit “and”;
b
at the end of paragraph (c) omit the full stop and insert “; and”;
c
after paragraph (c) insert—
d
sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (equivalent provision for Wales).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F1165

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1166

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1167

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1168

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1169

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Care Standards Act 2000 (c. 14)

I164170

The Care Standards Act 2000 is amended as follows.

I165171

In section 22 (regulation of establishments and agencies)—

a

for subsection (2)(e)176 substitute—

e
make provision for securing the welfare of children placed, under section 22C of the 1989 Act or section 81 of the Social Services and Well-being (Wales) Act 2014, by a fostering agency;

b

in subsection (8)(b) after “1989 Act” insert “and section 119 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty)”.

I166172

In section 31 (inspections by persons authorised by registration authority) for subsection (3)(b) substitute—

b
inspect and take copies of any documents or records (including medical and other personal records) required to be kept in accordance with regulations under this Part, section 9 of the Adoption and Children Act 2002, section 22C or 59(2) of the 1989 Act, section 1(3) of the Adoption (Intercountry Aspects) Act 1999 or section 81 of the Social Services and Well-being (Wales) Act 2014;

I167173

For section 43(3)(b)177 (local authority services: meaning of “relevant fostering functions”) substitute—

b
“relevant fostering functions” means functions under—
i
section 22C of the 1989 Act in connection with placements with local authority foster parents or regulations under paragraph 12E(a), (b), (d) or (e) or 12F of Schedule 2 to that Act,
ii
section 81 of the Social Services and Well-being (Wales) Act 2014 in connection with placements with local authority foster parents or regulations under section 92(1)(a), (b), (d) or (e) or section 93 of that Act.

I168174

For section 78(1B)178 (interpretation) substitute—

1B
A person falls within this subsection if the person is a category 3, 4, 5 or 6 young person, within the meaning of section 104 of the Social Services and Well-being (Wales) Act 2014, in respect of whom services are provided in Wales by, or on behalf of, or under arrangements with, a county council or county borough council in Wales.

I169175

In section 121 (general interpretation)—

a

in subsection (1)—

i

in the definition of “local authority foster parent” after “has the same meaning as in” insert “section 105(1) of”;

ii

in the definition of “social services functions” after “1970” insert “or the Social Services and Well-being (Wales) Act 2014”;

b

for subsection (10) substitute—

10
References in this Act to a child being looked after by a local authority shall be construed—
a
in relation to a local authority in England, in accordance with section 22 of the 1989 Act,
b
in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014.

I170176

In Schedule 4 (minor and consequential amendments)—

a

omit paragraph 14(23)(a)(i)179;

b

omit paragraph 14(23)(a)(iii)180.

Carers and Disabled Children Act 2000 (c. 16)

I171177

1

The Carers and Disabled Children Act 2000 is repealed.

2

The repeal of that Act does not affect the validity of anything done before these Regulations come into force under section 17B of the Children Act 1989, or under regulations made under that section, as it applies by virtue of section 7(2) of the Carers and Disabled Children Act 2000 (reference to Secretary of State in section 17B to be treated as reference to the National Assembly for Wales in so far as the section applies in relation to Wales).

Children (Leaving Care) Act 2000 (c. 35)

I172178

After section 6(2)(b) of the Children (Leaving Care) Act 2000 (exclusion from benefits) insert—

ba
a category 1 young person within the meaning of section 104 of the Social Services and Well-being (Wales) Act 2014;
bb
a category 2 young person within the meaning of section 104 of the Social Services and Well-being (Wales) Act 2014;

Homelessness Act 2002 (c. 7)

I181187

In section 4 of the Homelessness Act 2002 (interpretation for sections 1 to 3), in the definition of “social services authority”, after “1970 (c. 42)” insert “or Part 8 of the Social Services and Well-being (Wales) Act 2014”.

Adoption and Children Act 2002 (c. 38)

I182188

The Adoption and Children Act 2002 is amended as follows.

I183189

In section 2(5) (basic definitions) insert in the appropriate place in alphabetical order—

“the 2014 Act” means the Social Services and Well-being (Wales) Act 2014 (anaw 4),

I184190

In section 3 (requirement for local authorities to maintain an adoption service), in subsection (6) for “(which include” substitute “or for the purposes of the 2014 Act (which, in each case, include”.

I185191

In section 30(6) (general prohibitions on removal) after “1989 Act” insert “or section 76(5) of the 2014 Act”.

I186192

In section 34(6) (placement orders: prohibition on removal) after “1989 Act” insert “or section 76(5) of the 2014 Act (removal of children from local authority accommodation)”.

I187193

In section 37 (applicants for adoption) after “1989 Act” insert “or section 76(5) of the 2014 Act”.

I188194

In section 38 (local authority foster parents)—

a

in subsection (3)(b) after “1989 Act” insert “or section 76(5) of the 2014 Act”;

b

in subsection (5)(a) after “1989 Act” insert “or section 76(5) of 2014 Act”;

c

in subsection (5)(c) after “1989 Act” insert “or section 76(5) of the 2014 Act”.

I189195

In section 39 (partners of parents)—

a

in subsection (2)(b) after “1989 Act” insert “or section 76(5) of 2014 Act”;

b

in subsection (3)(c) after “1989 Act” insert “or section 76(5) of the 2014 Act”.

I190196

In section 40(2)(b) (other non-agency cases) after “1989 Act” insert “or section 76(5) of the 2014 Act”.

I191197

In section 53 (modification of 1989 Act in relation to adoption)—

a

in subsection (1) omit “of the 1989 Act”;

b

for subsection (2) substitute—

2
The provisions are—
a
section 22(4)(b), (c) and (d) and (5)(b) of the 1989 Act (duty to ascertain wishes and feelings of certain persons);
b
sections 6(4)(b) and 78(3)(a) of the 2014 Act (duty to ascertain wishes and feelings of certain persons);
c
paragraphs 15 and 21 of Schedule 2 to the 1989 Act (promoting contact with parents and parents’ obligations to contribute towards maintenance);
d
section 95 of and paragraph 1 of Schedule 1 to the 2014 Act (promoting contact with parents and parents’ obligations to contribute towards maintenance).

c

in subsection (3)(a) for “that Act” substitute “the 1989 Act”;

d

in subsection (4) for “that Act (contributions towards maintenance of children looked after by local authorities)” substitute “the 1989 Act (contributions towards maintenance of children looked after by local authorities) or under Schedule 1 to the 2014 Act (contributions towards maintenance of looked after children)”;

e

in the heading to the section, after “1989 Act” insert “and 2014 Act”.

I192198

In Schedule 6—

a

after “(where stated) of the 1989 Act” insert “or the 2014 Act”;

b

in the table, insert in the appropriate place in alphabetical order—

the 2014 Act
section 2(5)

c

in the table, for the expression “child looked after by a local authority” substitute—

child looked after by a local authority (in relation to a local authority in England)
section 22 of the 1989 Act
child looked after by a local authority (in relation to a local authority in Wales)
section 74 of the 2014 Act

d

in the table, for the expression “local authority foster parent” substitute—

local authority foster parent
section 105(1) of the 1989 Act

Nationality, Immigration and Asylum Act 2002 (c. 41)

I193199

1

Paragraph 1(1) of Schedule 3 of the Nationality, Immigration and Asylum Act 2002 (withholding and withdrawal of support) is amended as follows.

2

Omit paragraphs (a), (b) and (e).

3

Omit “or” at the end of paragraph (m).

4

After paragraph (n) insert—

or
o
Part 4 (duty of local authority to meet needs) or sections 105 to 116 (leaving care, accommodation and fostering) of the Social Services and Well-being (Wales) Act 2014.

Community Care (Delayed Discharges etc.) Act 2003 (c. 5)

I194200

Omit section 16 of the Community Care (Delayed Discharges etc.) Act 2003185 (free provision of services in Wales).

Sexual Offences Act 2003 (c. 42)

I195201

The Sexual Offences Act 2003 is amended as follows.

I196202

In section 21186 (positions of trust)—

a

in subsection (3)(a), after “Children Act 1989 (c. 41)” insert “or section 81(6) of the Social Services and Well-being (Wales) Act 2014”;

b

in subsection (3)(b) for “that Act” substitute “the Children Act 1989”;

c

in subsection (8)(a) after “Children Act 1989 (c. 41)” insert “or section 76 or 77 of the Social Services and Well-being (Wales) Act 2014”;

d

at the end of subsection (10)(a), insert “or”;

e

after subsection (10)(a), insert—

aa
section 106(1) of the Social Services and Well-being (Wales) Act 2014 in respect of category 1 or 2 young persons within the meaning of that Act,

I197203

In section 27187 (family relationships), after subsection (5)(c)(ia) insert—

ib
he is a person with whom the child has been placed under section 81 of the Social Services and Well-being (Wales) Act 2014 in a placement falling within subsection (6)(a) or (b) of that section (placement with a local authority foster parent),

Criminal Justice Act 2003 (c. 44)

I204210

The Criminal Justice Act 2003 is amended as follows.

F2211

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I205212

In section 325 (arrangements for assessing risks posed by certain offenders), in subsection (9), in the definition of “social services functions”190—

a

after “given” insert

—
a
in relation to England,

b

at the end insert—

b
in relation to Wales, has the meaning given by section 143 of the Social Services and Well-being (Wales) Act 2014

Carers (Equal Opportunities) Act 2004 (c. 15)

I206213

In the Carers (Equal Opportunities) Act 2004, omit—

a

section 1(2);

b

section 2(2) and (3);

c

section 3191;

d

section 4.

Public Audit (Wales) Act 2004 (c. 23)

I207214

In section 54 (restriction on disclosure of information) of the Public Audit (Wales) Act 2004, in subsection (5) for “the Local Authority Social Services Act 1970 (c. 42)” substitute “section 143 of the Social Services and Well-being (Wales) Act 2014”.

Children Act 2004 (c. 31)

I208215

The Children Act 2004 is amended as follows.

I209216

In section 9(4)(a)192 (Commissioner’s functions in relation to certain young people) for “Children Act 1989” substitute “Social Services and Well-being (Wales) Act 2014”.

I210217

In section 25(10)(b) (co-operation to improve well-being: Wales) for sub-paragraph (i) substitute—

i
services under sections 105 to 118 and 176 of the Social Services and Well-being (Wales) Act 2014; or

I211218

Omit sections 31 to 34 (Local Safeguarding Children Boards in Wales).

I212219

In section 49 (payments to foster parents)—

a

in subsection (1)(a), after the words “Children Act 1989” insert “or section 81 of the Social Services and Well-being (Wales) Act 2014”;

b

in subsection (1)(b) for “that Act” substitute “the Children Act 1989”;

c

in subsection (2) omit the definition of “local authority foster parent” and “voluntary organisation”;

d

in subsection (2) after the definition of “appropriate person” insert—

“local authority foster parent” has the same meaning as in section 105(1) of the Children Act 1989;
“voluntary organisation” has the same meaning as in the Children Act 1989.

I213220

In section 50A193 (intervention – Wales)—

a

in subsection (2) omit paragraphs (a) and (b);

b

in subsection (4) omit the definition of “social services functions”.

I214221

In Schedule 2, omit paragraph 2(2)(b).

Income Tax (Trading and Other Income) Act 2005 (c. 5)

I215222

The Income Tax (Trading and Other Income) Act 2005 is amended as follows.

I216223

In section 744194 (payments to adopters, etc: England and Wales)—

a

after subsection (1)(i) insert—

j
payments made to a person under sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children) by reason of that person being named in a child arrangements order as a person with whom a child is to live.

b

in subsection (2) for “or (i)” substitute “, (i) or (j)”.

I217224

In section 776(2A)195 (scholarship income) at end insert “or under sections 110(6) or 112(2) of the Social Services and Well-being (Wales) Act 2014 (duty to make payments to certain young people who pursue higher education)”.

I218225

In section 806 (meaning of providing foster care)—

a

in subsection (3) after paragraph (a) insert—

aa
section 81 of the Social Services and Well-being (Wales) Act 2014 (provision of accommodation for children by local authorities).

b

in subsection (5) after paragraph (e) insert—

f
an individual with whom the child is placed under a placement falling within section 81(6)(d) of the Social Services and Well-being (Wales) Act 2014.

Mental Capacity Act 2005 (c. 9)

I219226

The Mental Capacity Act 2005 is amended as follows.

I220227

In section 39196 (provision of accommodation by local authority), in subsection (2)—

a

for paragraph (a) substitute—

a
Part 4 of the Social Services and Well-being (Wales) Act 2014; or

b

omit the words following paragraph (b).

I221228

In section 64 (interpretation), in the definition of “social services function”—

a

after “function” insert

—
a
in relation to England

b

at the end insert—

b
in relation to Wales, has the meaning given in section 143 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

I222229

In paragraph 183 of Schedule A1197 (deprivation of liberty of hospital or care home residents: ordinary residence for the purpose of identifying supervisory authority)—

a

omit sub-paragraphs (1) and (2);

b

after sub-paragraph (2A) insert—

2B
Section 194(1), (2), (4) and (5) of the Social Services and Well-being (Wales) Act 2014 apply to a determination of where a person is ordinarily resident for the purposes of paragraphs 180, 181 and 182 as it applies for the purposes of that Act.

Public Services Ombudsman (Wales) Act 2005 (c. 10)

I223230

In Schedule 6 of the Public Services Ombudsman (Wales) Act 2005 (consequential amendments), in paragraph 76, omit sub-paragraph (b).

Childcare Act 2006 (c. 21)

I224231

The Childcare Act 2006 is amended as follows.

I225232

For section 25(2) (charges where local authority provide childcare) substitute—

2
Subsection (1) does not apply to childcare provided under sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children), provision as to charges for such care being made by Part 5 of that Act.

I226233

In Schedule 2 (amendments to Children Act 1989) omit paragraph 4.

Education and Inspections Act 2006 (c. 40)

I227234

The Education and Inspections Act 2006 is amended as follows.

I228235

In section 93A(7)198 (recording and reporting the use of force by members of staff: England) in the definition of “parent”, after “Children Act 1989” insert “or section 76 of the Social Services and Well-being (Wales) Act 2014”.

I229236

In Schedule 14 (amendments to the Children Act 1989) omit paragraph 17.

National Health Service Act 2006 (c. 41)

I230237

The National Health Service Act 2006 is amended as follows.

I231238

In section 13N199 (duty of Health Service Commissioning Board as to promoting integration), in subsection (4) in the definition of “social care services” after “1970” insert “or for the purposes of the Social Services and Well-being (Wales) Act 2014”.

I232239

In section 14Z1200 (duty of clinical commissioning groups as to promoting integration), in subsection (3) in the definition of “social care services” after “1970” insert “or for the purposes of the Social Services and Well-being (Wales) Act 2014”.

I233240

In section 74 (supply of goods and services by local authorities), for subsection (4) substitute—

4
“services” means—
a
in relation to a local authority in England, the services of persons employed by the authority for the purposes of its functions under the Local Authority Social Services Act 1970 (c. 42);
b
in relation to a local authority in Wales, the services of persons employed by the authority for the purposes of its functions which are social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

I234241

In section 77 (care trusts)—

a

in subsection (11) after the words “relevant social services functions” insert “of a local authority in England”;

b

after subsection (11), insert—

11A
In connection with the exercise by a body so designated of any relevant social services functions under LA delegation arrangements, sections 145 to 149 of the Social Services and Well-being (Wales) Act 2014 (codes on the exercise of social services functions) apply to the body as if it were a local authority within the meaning of that Act.

c

in subsection (12), for the definition of “relevant social services functions” substitute—

“relevant social services functions” means—
a
in relation to a local authority in England, health-related functions which are social services functions within the meaning of the Local Authority Social Services Act 1970;
b
in relation to a local authority in Wales, health-related functions which are social services functions within the meaning of the Social Services and Well-being (Wales) Act 2014.

I235242

In section 78 (directed partnership arrangements), until the repeal of that section by paragraph 30 of Schedule14 to the Health and Social Care Act 2012, at subsection (5) for the definition of “relevant social services functions” substitute—

“relevant social services functions” means health-related functions which are social services functions of local authorities in England within the meaning of the Local Authority Social Services Act 1970 (c. 42) or of local authorities in Wales within the meaning of the Social Services and Well-being (Wales) Act 2014 (anaw 4),

I236243

In section 256 (power to make payments towards expenditure on community services)—

a

in subsection (1)(a), after the words “a local social services authority” insert “in England”;

b

after subsection (1)(a), insert—

aa
a local social services authority in Wales towards expenditure incurred or to be incurred by it in connection with any of its functions which are social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

National Health Service (Wales) Act 2006 (c. 42)

I237244

The National Health Service (Wales) Act 2006 is amended as follows.

I238245

In section 32 (supply of goods and services by local authorities), for subsection (4) substitute—

4
“services” means—
a
in relation to a local authority in England, the services of persons employed by the authority for the purposes of its functions under the Local Authority Social Services Act 1970 (c. 42);
b
in relation to a local authority in Wales, the services of persons employed by the authority for the purposes of functions which are social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

I239246

In section 35 (care trusts)—

a

in subsection (11) after the words “relevant social services functions” insert “of a local authority in England”;

b

after subsection (11) insert—

11A
In connection with the exercise by a body so designated of any relevant social services functions of a local authority in Wales under LA arrangements, sections 145 to 149 of the Social Services and Well-being (Wales) Act 2014 (codes on the exercise of social services functions) apply to the body as if it were a local authority within the meaning of that Act.

c

in subsection (12), for the definition of “relevant social services functions” substitute—

“relevant social services functions” means—
a
in relation to a local authority in England, health-related functions which are social services functions within the meaning of the Local Authority Social Services Act 1970;
b
in relation to a local authority in Wales, health-related functions which are social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

I240247

In section 36 (directed partnership arrangements), in subsection (5), for the definition of “relevant social services functions” substitute—

“relevant social services functions” means health-related functions of local authorities in England within the meaning of the Local Authority Social Services Act 1970 (c. 42) or of local authorities in Wales for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

I241248

In section 192 (local social services authorities)—

a

omit subsection (1);

b

in subsection (4), omit paragraph (b) and “or” before it;

c

in subsection (5), omit “and Schedule 15”.

I242249

In section 194 (power to make payments towards expenditure on community services)—

a

for subsection (1)(a), substitute—

a
a local social services authority in Wales towards expenditure incurred or to be incurred by it in connection with any of its functions which are social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4),

b

after subsection (1)(a), insert—

aa
a local social services authority in England towards expenditure incurred or to be incurred by it in connection with any social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)), other than functions under section 3 of the Disabled Persons (Employment) Act 1958 (c. 33),

I243250

Omit Schedule 15 (further provision about local social services authorities).

National Health Service (Consequential Provisions) Act 2006 (c. 43)

I244251

In paragraph 90 of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (consequential amendments to the Disabled Persons (Services, Consultation and Representation) Act 1986) omit sub-paragraph (h).

Safeguarding Vulnerable Groups Act 2006 (c. 47)

I245252

The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

I246253

In section 6 (regulated activity providers)—.

a

in subsection (8A)201—

i

after “Health and Social Care Act 2001” omit “or”;

ii

after “Care Act 2014” insert “or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014”;

b

after the first subsection (8C)202 insert—

8CA
A person (S) who is authorised as mentioned in subsection (5)(a) of section 50 of the Social Services and Well-being (Wales) Act 2014 does not make arrangements for another to engage in a regulated activity by virtue of anything that S does under subsection (5)(b) or (6)(b) of that section.

I247254

In section 30(8)203 (provision of vetting information) (until it ceases to have effect by virtue of section 72(1) of the Protection of Freedoms Act 2012)—

i

after “Health and Social Care Act 2001 (c 15),” omit “or”;

ii

after “Care Act 2014” insert “or in accordance with regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014”.

I248255

For section 53(7)(a) (fostering) substitute—

a
the person is a local authority foster parent within the meaning of section 105 of the Children Act 1989;

Income Tax Act 2007 (c. 3)

I249256

1

Section 38 of the Income Tax Act 2007 is amended as follows.

2

In subsection (2), for paragraph (b) substitute—

b
registered as a severely sight-impaired adult in a register kept under section 18(1) of the Social Services and Well-being (Wales) Act 2014 (registers kept by local authorities in Wales).

3

In subsection (4)204—

a

in paragraph (a)—

i

omit “as a blind person in a register kept under section 29 of the National Assistance Act 1948 or”;

ii

after “Care Act 2014” insert “or section 18(1) of the Social Services and Well-being (Wales) Act 2014”;

b

in paragraph (b), omit “of blindness or”.

Offender Management Act 2007 (c. 21)

I250257

In Part 1 of Schedule 3 to the Offender Management Act 2007 (minor and consequential amendments) omit paragraph 4(7).

Criminal Justice and Immigration Act 2008 (c. 4)

I251258

The Criminal Justice and Immigration Act 2008 is amended as follows.

F3259

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4260

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 2008 (c. 23)

I252261

The Children and Young Persons Act 2008 is amended as follows.

I253262

In section 20 (designated member of staff at school for pupils looked after by a local authority)—

a

in subsection (5)(a) after “1989 Act” insert “, Part 6 of the 2014 Act”;

b

after subsection (6)(b) insert—

ba
is a category 2 or 3 young person within the meaning of section 104 of the 2014 Act,

I254263

In section 31205 (supply of information concerning the death of children to Local Safeguarding Children Boards)—

a

in subsection (2) for “appropriate Local Safeguarding Children Board” substitute “appropriate Board”;

b

in subsection (4) for “appropriate Local Safeguarding Children Board” substitute “appropriate Board”;

c

in subsection (6), after “Local Safeguarding Children Board” insert “in England or Safeguarding Children Board in Wales”;

d

in subsection (9) for “Each Local Safeguarding Children Board” substitute “Each Local Safeguarding Children Board in England and each Safeguarding Children Board in Wales”;

e

in subsection (10)—

i

for the definition of “the appropriate Local Safeguarding Children Board” substitute—

“the appropriate Board” means—
a
the Local Safeguarding Children Board in England within whose area is situated the sub-district for which the register is kept; or
b
the Safeguarding Children Board in Wales for the Safeguarding Board area within which is situated the sub-district for which the register is kept,
and “Safeguarding Board area” has the meaning given by section 142 of the 2014 Act.;

ii

at the end insert—

“Local Safeguarding Children Board in England” means a Board established by a local authority in England under section 13 of the Children Act 2004;
“Safeguarding Children Board in Wales” means a Board established under section 134(4) of the 2014 Act.

f

in the heading after “Local Safeguarding Children Boards” insert “in England and Safeguarding Children Boards in Wales”.

I255264

In section 32 (power of Registrar General to supply information to national authorities)—

a

for subsection (2) substitute—

2
Information supplied under subsection (1) to the Secretary of State may be disclosed by the Secretary of State—
a
to any other person if the disclosure is for research purposes; and
b
to a Local Safeguarding Children Board in England or Safeguarding Children Board in Wales for the purposes of its functions.
2A
Information supplied under subsection (1) to the Welsh Ministers may be disclosed by them—
a
to any other person if the disclosure is for research purposes; and
b
to a Local Safeguarding Children Board in England or a Safeguarding Children Board in Wales for the purposes of its functions.

b

in subsection (4)—

i

after “section 83(1)” insert “or section 83A(1)”;

ii

at the end insert “or under section 184(1) of the 2014 Act.”;

c

after subsection (4) insert—

5
“Local Safeguarding Children Board in England” and “Safeguarding Children Board in Wales” have the same meanings as in section 31.

I256265

In section 41 (interpretation) after the definition of “the 2000 Act” insert—

“the 2014 Act” means the Social Services and Well-being (Wales) Act 2014 (anaw 4).

I257266

In Schedule 1, omit paragraph 3(4) (definition of “local authority foster parent”).

I258267

In Schedule 3 (minor and supplementary amendments to the Children Act 1989)—

a

omit paragraphs 2 to 19;

b

omit paragraph 21;

c

omit paragraph 22;

d

omit paragraph 26;

e

omit paragraph 27.

Learner Travel (Wales) Measure 2008 (nawm 2)

I259268

1

Section 24 (general interpretation) of the Learner Travel (Wales) Measure 2008 is amended as follows.

2

In subsection (1) in the definition of “local authority” for “the Local Authority Social Services Act 1970 (c.42)” substitute “the Social Services and Well-being (Wales) Act 2014.”

3

In subsection (2) for “section 22(1) of the Children Act 1989 (c.41)” substitute “section 74 of the Social Services and Well-being (Wales) Act 2014”.

Welfare Reform Act 2009 (c. 24)

I260269

The Welfare Reform Act 2009 is amended as follows.

I261270

In section 39(6) (relevant services)—

a

omit paragraph (b);

b

at the end of paragraph (c) add “or sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children)”.

I262271

In section 50206 (interpretation of Part 2), in the definition of “community care services” for paragraph (aa) substitute—

aa
in relation to Wales, services under Part 4 of the Social Services and Well-being (Wales) Act 2014 or section 117 of the Mental Health Act 1983;

Policing and Crime Act 2009 (c. 26)

I263272

In paragraph 4 of Schedule 5A (activity requirements relating to supervision orders) to the Policing and Crime Act 2009, in sub-paragraph (15)(b), for the definition of “social services functions” substitute—

“social services functions” means—
a
in relation to a local authority in England, its social services functions within the meaning of the Local Authority Social Services Act 1970; and
b
in relation to a local authority in Wales, its social services functions for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

Personal Care at Home Act 2010 (c. 18)

I264273

The Personal Care at Home Act 2010 is repealed.

Children, Schools and Families Act 2010 (c. 26)

I265274

Omit section 9 of the Children, Schools and Families Act 2010 (supply of information requested by LSCBs in Wales).

Children and Families (Wales) Measure 2010 (nawm 1)

I266275

The Children and Families (Wales) Measure 2010 is amended as follows.

I267276

Omit Part 3 (integrated family support teams).

I268277

Omit section 69 (local authority social services functions).

Carers Strategies (Wales) Measure 2010 (nawm 5)

I270279

The Carers Strategies (Wales) Measure 2010 is repealed.

Mental Health (Wales) Measure 2010 (nawm 7)

I271280

The Mental Health (Wales) Measure 2010 is amended as follows.

I272281

In section 5(2) (meaning of “local primary mental health support services”)—

a

in the definition of “carers” for “section 22C(12)” substitute “section 105(1)”;

b

in the definition of “services”, in paragraph (c), for “Part III of the Children Act 1989” substitute “sections 37 to 39 and Part 6 of the Social Services and Well-being (Wales) Act 2014”.

I273282

In section 9(3)(d) (conduct of primary mental health assessments) for “Part III of the Children Act 1989” substitute “sections 37 to 39 and Part 6 of the Social Services and Well-being (Wales) Act 2014”.

I274283

Omit section 43 (amendment of the Local Authority Social Services Act 1970).

I275284

In section 49(1)(d) (meaning of secondary mental health services) for “Part III of the Children Act 1989” substitute “sections 37 to 39 and Part 6 of the Social Services and Well-being (Wales) Act 2014”.

I276285

In section 51 (general interpretation)—

a

in subsection (1) for the definition of “community care services” substitute—

“community care services” (“gwasanaethau gofal cymunedol”) means services provided to an adult pursuant to Part 4 of the Social Services and Well-being (Wales) Act 2014;

b

omit subsection (4).

Protection of Freedoms Act 2012 (c. 9)

I278287

In section 28 of the Protection of Freedoms Act 2012 (interpretation: chapter 2)—

a

in subsection (7) after “Children Act 1989” insert “or section 74 of the Social Services and Well-being (Wales) Act 2014”;

b

in subsection (8)—

i

after “Children Act 1989” insert “or section 74 of the Social Services and Well-being (Wales) Act 2014”;

ii

for “that Act” substitute “the Children Act 1989”.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

I279288

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

I280289

For section 107(6) (interpretation of chapter) substitute—

6
In this Chapter, references to a child who is looked after by a local authority are to be construed—
a
in relation to a local authority in England, in accordance with section 22 of the Children Act 1989;
b
in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014

I281290

In Schedule 1 (civil legal services)—

a

in Part 1, after paragraph 1(1)(j) insert—

k
orders under section 119 of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”) (secure accommodation);
l
approval by a court under section 124 of the 2014 Act (arrangements to assist children to live abroad).

b

in Part 1, in paragraph 6(3), in the definition of “community care services”—

i

omit paragraphs (a) to (d);

ii

in paragraph (h) for “sections 22A, 22B, 22C and 23” substitute “sections 22A, 22B and 22C”;

iii

omit paragraphs (k) and (m);

iv

at the end insert—

o
section 15 of the Social Services and Well-being (Wales) Act 2014 (“the 2014 Act”) (preventative services);
p
Part 4 of the 2014 Act (local authority’s functions of meeting a person’s needs for care and support);
q
section 76 of the 2014 Act (provision of accommodation for children);
r
sections 79, 80 and 81 of the 2014 Act (accommodation and maintenance for children in care and looked after children);
s
sections 105 to 116 of the 2014 Act (local authority support for certain children);

c

in Part 3, omit sub-paragraph (a) of paragraph 8.

Children and Families Act 2014 (c. 6)

I282291

Omit section 16(2) of the Children and Families Act 2014 (amendment to section 104A of the Children Act 1989).

Anti-Social Behaviour, Crime and Policing Act 2014 (c. 12)

I283292

In paragraph 4 of Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014 (activity requirements relating to supervisions orders), in sub-paragraph (14)(b), after “1970” insert “in relation to a local authority in England or for the purposes of the Social Services and Well-being (Wales) Act 2014 in relation to a local authority in Wales”.

Care Act 2014 (c. 23)

I284293

In section 62 of the Care Act 2014 (power to meet child’s carer’s needs for support) in subsection (3) for “under section 17 of the Children Act 1989.” substitute—

under—
a
section 17 of the Children Act 1989, or
b
sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014.

Mark DrakefordMinister for Health and Social Services, one of the Welsh Ministers

child looked after by a local authority (in relation to a local authority in England)	section 22 of the 1989 Act
child looked after by a local authority (in relation to a local authority in Wales)	section 74 of the 2014 Act

National Health Service and Community Care Act 1990
Section 47	Assessment of needs for services under section 117 of the Mental Health Act 1983.

TitleI11

CommencementI22

1

2

3

4

5

6

Children and Young Persons Act 1933 (c. 12)

I33

I44

I55

National Assistance Act 1948 (c. 29)

I66

I77

I88

I99

1

2

Disabled Persons (Employment) Act 1958 (c. 33)

I1010

I1111

a

b

c

I1212

Health Services and Public Health Act 1968 (c. 46)

I1313

I1414

I1515

a

b

i

ii

iii

I1616

a

b

xxiii

I1717

a

b

xxiii

Administration of Justice Act 1970 (c. 31)

I1818

Local Authority Social Services Act 1970 (c. 42)

I1919

I2020

a

b

I2121

a

b

c

I2222

I2323

I2424

a

b

c

d

e

f

g

h

i

ii

i

j

k

l

m

n

o

p

q

r

Chronically Sick and Disabled Persons Act 1970 (c. 44)

I2525

I2626