Title1.
The title of these Regulations is the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016.
Commencement2.
(1)
These Regulations come into force on 6 April 2016 subject to paragraphs (2) to (6).
(2)
(3)
(4)
(5)
(6)
Children and Young Persons Act 1933 (c. 12)
3.
The Children and Young Persons Act 1933 is amended as follows.
4.
5.
National Assistance Act 1948 (c. 29)
6.
The National Assistance Act 1948 is amended as follows.
7.
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.
8.
Omit Part 3.
9.
(1)
Omit Part 4 except sections 49 and 68.
(2)
Disabled Persons (Employment) Act 1958 (c. 33)
10.
The Disabled Persons (Employment) Act 1958 is amended as follows.
11.
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)
(c)
12.
Omit the Schedule.
Health Services and Public Health Act 1968 (c. 46)
13.
The Health Services and Public Health Act 1968 is amended as follows.
14.
Omit section 45 (promotion by local authorities of the welfare of old people).
15.
In section 63(8) (provision of instruction in certain activities connected with health or welfare), in the definition of “the relevant enactments”—
(a)
(b)
(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”.
16.
In section 64 (financial assistance by Ministers to certain voluntary organisations), in subsection (3)(a)—
(a)
omit sub-paragraph (iii);
(b)
“(xxiii)
section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;”.
17.
In section 65 (financial assistance by local authorities to certain voluntary organisations), in subsection (3)(b)—
(a)
omit sub-paragraph (iii);
(b)
“(xxiii)
section 15 and Part 4 of the Social Services and Well-being (Wales) Act 2014;”.
Administration of Justice Act 1970 (c. 31)
18.
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”.
Local Authority Social Services Act 1970 (c. 42)
19.
The Local Authority Social Services Act 1970 is amended as follows.
20.
(a)
for “the councils of non-metropolitan counties, metropolitan districts and London boroughs” substitute “the councils of non-metropolitan counties and metropolitan districts in England, the councils of London boroughs”;
(b)
omit from “but, in relation to Wales” to the end.
21.
In section 6 (director of social services)—
(a)
(b)
omit subsection (1);
(c)
22.
In section 13 (orders and regulations), omit subsection (5).
23.
The amendments made by these Regulations to section 1 of the Local Authority Social Services Act 1970 do not affect the operation of any order under section 9(1) of that Act made before the coming into force of those amendments.
24.
(a)
omit the entries relating to the National Assistance Act 1948, except the entry relating to section 49 of that Act;
(b)
(c)
in the entry relating to the Health Services and Public Health Act 1968 omit the reference to section 45;
(d)
(e)
(f)
(g)
(h)
(i)
for “1 to 4” substitute “1, 2 and 4”;
(ii)
for “, 7 and 8” substitute “and 7”;
(i)
“Section 46
Preparation of plans for community care services”;
(j)
(k)
“Part 2
Functions imposed by regulations relating to eligibility for free provision of personal care to persons living at home. ”;
(l)
(m)
(n)
(o)
(p)
(q)
(r)
Chronically Sick and Disabled Persons Act 1970 (c. 44)
25.
The Chronically Sick and Disabled Persons Act 1970 is amended as follows.
26.
In section 1 (information as to need for and existence of welfare services), omit subsections (1) and (2).
27.
In section 2 (provision of welfare services) omit subsection (1).
28.
Omit section 28A (application of Act to authorities having functions under the Children Act 1989).
Attachment of Earnings Act 1971 (c. 32)
29.
Local Government Act 1972 (c. 70)
30.
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)
31.
Reserve Forces Act 1980 (c. 9)
32.
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)
(b)
omit paragraph 3(a).
Magistrates’ Court Act 1980 (c. 43)
33.
Senior Courts Act 1981 (c. 54)
34.
“(ec)
proceedings under Part 6 of the Social Services and Well-being (Wales) Act 2014;”.
Mental Health Act 1983 (c. 20)
35.
The Mental Health Act 1983 is amended as follows.
36.
37.
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)
38.
The Health and Social Services and Social Security Adjudications Act 1983 is amended as follows.
39.
In section 17 (charges for local authority services in England and Wales)—
(a)
(b)
(c)
in the heading to the section, omit the words “and Wales”.
40.
In section 22 (arrears of contributions charged on interest in land in England and Wales)—
(a)
“(2C)
A local authority in Wales may not create, or be required by directions under subsection (2A) to create, a charge under this section on or after the day on which section 2 of the Social Services and Well-being (Wales) Act 2014 came into force.”;
(b)
“(3B)
Subject to subsection (5) below, a charge under this section created by a local authority in Wales shall be in respect of any amount which is outstanding from time to time and is—
(a)
assessed as due to be paid by the person to the authority for the Part III accommodation, or
(b)
due by the person to the authority under Part 5 of the Social Services and Well-being (Wales) Act 2014 in respect of meeting needs for care and support by the provision of accommodation for the person, including anything provided in connection with that accommodation.”;
(c)
Public Health (Control of Disease) Act 1984 (c. 22)
41.
“(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)
42.
Transport Act 1985 (c. 67)
43.
The Transport Act 1985 is amended as follows.
44.
“(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).”
45.
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)
46.
The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
47.
In section 2(5) (rights of authorised representatives of disabled persons)—
(a)
(b)
(c)
(d)
48.
In section 3 (assessment by local authorities in Wales or Scotland of needs of disabled persons)—
(a)
(b)
49.
(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”.
50.
In section 8 (duty of local authority in Wales or Scotland to take into account abilities of carer)—
(a)
(b)
51.
In section 16(1) (interpretation)
(a)
“(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)
(iii)
(d)
“(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)
52.
(1)
In Schedule 5 to the Local Government Finance Act 1988 (non-domestic rating: exemption), paragraph 16 is amended as follows.
(2)
“(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)
“(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.”
Social Security Act 1989 (c. 24)
53.
The Social Security Act 1989 is amended as follows.
54.
In Schedule 5—
(a)
(b)
“(b)
in relation to that child, the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of the Social Security Contributions and Benefits Act 1992, as modified—
(i)
in relation to a local authority in England, by section 171ZB(8) of that Act (cases involving the placing of a child by a local authority in England with a local authority foster parent who has been approved as a prospective adopter);
(ii)
in relation to a local authority in Wales, by section 171ZB(10) of that Act (cases involving the placing of a child by a local authority in Wales with a local authority foster parent who has been approved as a prospective adopter)”;
(c)
(d)
“(b)
in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions and Benefits Act 1992, as modified—
(i)
in relation to a local authority in England, by section 171ZL(9) of that Act (cases involving the placing of a child by a local authority in England with a local authority foster parent who has been approved as a prospective adopter);
(ii)
in relation to a local authority in Wales, by section 171ZL(11) of that Act (cases involving the placing of a child by a local authority in Wales with a local authority foster parent who has been approved as a prospective adopter).”;
(e)
“(a)
the member’s absence from work is due to the placement of a child under—
(i)
section 22C of the Children Act 1989 by a local authority in England, or
(ii)
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,”;
(f)
in paragraph 5C(8)(b)(i) after “Children Act 1989” insert “or section 81 of the Social Services and Well-being (Wales) Act 2014”;
(g)
in paragraph 5C(8)(b)(ii) after “England” insert “or Wales”.
Children Act 1989 (c. 41)
55.
56.
(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.”
57.
(1)
“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)
“SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND”.
58.
In section 17 (provision of services for children in need, their families and others)—
(a)
(b)
“(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.”
59.
(a)
in subsection (1) omit “in England”;
(b)
in subsection (12) omit “in England”;
(c)
in the heading omit “: England”.
60.
(a)
in subsection (1) omit “in England”;
(b)
in subsection (14) omit “in England”;
(c)
in the heading omit “: England”.
61.
62.
(a)
in subsection (1) omit “in England”;
(b)
in subsection (5) omit “in England”.
63.
In section 17ZI(1) (section 17 services: provision after EHC plan no longer maintained) omit “in England”.
64.
65.
66.
(a)
omit subsection (2);
(b)
omit subsection (6).
67.
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)
“(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.”
68.
(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,”.
69.
In section 22 (general duty of local authority in relation to children looked after by them)—
(a)
(b)
(c)
in subsection (3C) omit “in England”;
(d)
(i)
for “appropriate national authority”, in both places that it appears, substitute “Secretary of State”, and
(ii)
for “the local authority” substitute “the authority”.
70.
(a)
(b)
in subsection (11) for “appropriate national authority” substitute “Secretary of State”;
(c)
“(12)
For the meaning of “local authority foster parent” see section 105(1).”
71.
“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.”
72.
73.
(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”.
74.
(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”.
75.
76.
77.
78.
79.
(a)
in subsection (1) for “appropriate national authority” substitute “Secretary of State”;
(b)
in subsection (2) for “appropriate national authority” substitute “Secretary of State”.
80.
(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”.
81.
(a)
(b)
(c)
82.
(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),”.
83.
84.
(a)
in subsection (1) after “area of another local authority” insert “, or in the area of a local authority in Wales”;
(b)
“(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)
“(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.”
85.
(a)
(b)
in subsection (2) for “appropriate national authority” substitute “Secretary of State”.
86.
(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”.
87.
88.
(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.
89.
90.
(a)
subsection (1);
(b)
subsection (3A);
(c)
subsection (3B);
(d)
subsection (3C);
(e)
subsection (4A);
(f)
subsection (5);
(g)
subsection (6).
91.
92.
(a)
(b)
93.
In section 27 (co-operation between authorities)—
(a)
“(da)
any local authority in Wales,”;
(b)
(c)
“(3A)
The Secretary of State must not authorise the Welsh Ministers under subsection (3)(e) without their consent.”
94.
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)
(c)
(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)
“(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.”
95.
In section 30 (miscellaneous)—
(a)
(i)
for “determining authority” substitute “Secretary of State”;
(ii)
at the end insert “but see subsection (2C)”;
(b)
omit subsections (2A) and (2B);
(c)
“(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”.
96.
97.
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”.
98.
(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)
“(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.”
99.
100.
“(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;”.
101.
In section 59 (provision of accommodation by voluntary organisations)—
(a)
(b)
“(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)
“(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.”
102.
In section 85 (children accommodated by health authorities and local education authorities)—
(a)
(i)
after “accommodation” insert “in England”;
(ii)
omit “Local Health Board”;
(iii)
after “local authority” insert “in England”;
(b)
(c)
(d)
103.
(a)
(b)
104.
(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”.
105.
“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.”
106.
In section 105 (interpretation)—
(a)
““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)
“(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)
(d)
“(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.”
107.
“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.”
108.
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”.
109.
110.
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”.
111.
112.
In Schedule 2, in the heading of Part 2 (children looked after by local authorities), at the end insert “in England”.
113.
(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,”.
114.
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”.
115.
(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”.
116.
117.
“(a)
shall notify the Secretary of State and Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;”.
118.
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”.
119.
“(aa)
a local authority in Wales;”.
120.
(a)
for “appropriate national authority” substitute “Secretary of State”;
(b)
in sub-paragraph (b) for “a local authority” substitute “they”;
(c)
“(ii)
any other local authority under paragraph 24(2).”
121.
“SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND”.
122.
In paragraph 61 of Schedule 13 (consequential amendments) omit sub-paragraphs (3) and (4).
Opticians Act 1989 (c. 44)
123.
National Health Service and Community Care Act 1990 (c. 19)
124.
The National Health Service and Community Care Act 1990 is amended as follows.
125.
Omit section 46 (local authority plans for community care services).
126.
In section 47 (assessment of needs for community care services)—
(a)
(b)
(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”.
127.
In section 48 (inspection of premises used for provision of community care services)—
(a)
(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)
128.
(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)
129.
(a)
omit paragraph (b), and
(b)
“(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;”.
Social Security Contributions and Benefits Act 1992 (c. 4)
130.
The Social Security Contributions and Benefits Act 1992 is amended as follows.
131.
(a)
omit sub-paragraph (i);
(b)
after sub-paragraph (vii) omit “or”;
(c)
“or
(ix)
Part 4 of the Social Services and Well-being (Wales) Act 2014.”
132.
“(10)
This section has effect in a case involving a child placed 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 with the following modifications—
(a)
the references in subsection (2) to a child being placed for adoption under the law of any part of the United Kingdom are to be treated as references to a child being placed under section 81 in that manner;
(b)
the reference in subsection (3) to the week in which the adopter is notified of being matched with the child for the purposes of adoption is to be treated as a reference to the week in which the prospective adopter is notified that the child is to be, or is expected to be, placed with the prospective adopter under section 81;
(c)
the reference in subsection (6) to placement for adoption is to be treated as a reference to placement under section 81;
(d)
the definition in subsection (7) is to be treated as if it were a definition of “prospective adopter”.
(11)
Where, by virtue of subsection (10), a person becomes entitled to statutory paternity pay in connection with the placement of a child under section 81 of the Social Services and Well-being (Wales) Act 2014, the person may not become entitled to payments of statutory paternity pay in connection with the placement of the child for adoption.”
133.
“(13)
Where statutory paternity pay is payable to a person by virtue of section 171ZB(10), this section has effect as if—
(a)
the references in subsections (3)(b) and (10) to placement for adoption were references to placement under section 81 of the Social Services and Well-being (Wales) Act 2014;
(b)
the references in subsection (10) to being placed for adoption were references to being placed under section 81.”
134.
135.
“(11)
This section has effect in a case involving a child who is, or is expected to be, placed 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 with the following modifications—
(a)
the references in subsections (2)(a) and (4A)(a) to a child being placed for adoption under the law of any part of the United kingdom are to be treated as references to a child being placed under section 81 in that manner;
(b)
the reference in subsection (3) to the week in which the person is notified that he has been matched with the child for the purposes of adoption is to be treated as a reference to the week in which the person is notified that the child is to be, or is expected to be placed with him under section 8;
(c)
the references in subsection (4B)(a) to adoption are to be treated as references to placement under section 81;
(d)
the reference in subsection (5) to placement, or expected placement, for adoption is to be treated as a reference to placement, or expected placement under section 81.
(12)
Where, by virtue of subsection (11), a person becomes entitled to statutory adoption pay in respect of a child who is, or is expected to be, placed under section 81 of the Social Services and Well-being (Wales) Act 2014, the person may not become entitled to payments of statutory adoption pay as a result of the child being, or being expected to be, placed for adoption.”
136.
“(10)
Where statutory adoption pay is payable to a person by virtue of section 171ZL(11), this section has effect as if the reference in subsection (2F) to the week in which the person is notified that he has been matched with a child for the purposes of adoption were a reference to the week in which the person is notified that a child is to be, or is expected to be, placed with him under section 81 of the Social Services and Well-being (Wales) Act 2014.”
137.
138.
“(17)
Regulations are to provide for entitlement to statutory shared parental pay 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.
(18)
This section has effect in relation to regulations made by virtue of subsection (17) as if—
(a)
references to a child being placed for adoption under the law of any part of the United Kingdom were references to being placed under section 22C of the Children Act 1989 or 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 a placement for adoption were references to placement under section 22C of the Children Act 1989 or section 81 of the Social Services and Well-being (Wales) Act 2014 with such a person.”
139.
Further and Higher Education Act 1992 (c. 13)
140.
Local Government Finance Act 1992 (c. 14)
141.
“(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)
142.
In section 1 of the Carers (Recognition and Services) Act 1995 (assessment of ability of carers to provide care: England and Wales)—
(a)
(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)
(d)
omit subsection (5);
(e)
in subsection (6)—
(i)
omit the definitions of “community care services” and “disabled person”;
(ii)
““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)
143.
The Employment Rights Act 1996 is amended as follows.
144.
(a)
“(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”.
145.
“(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.”
146.
(a)
“(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”.
147.
(a)
“(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”.
148.
Housing Act 1996 (c. 52)
149.
The Housing Act 1996 is amended as follows.
150.
(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”.
151.
In section 217 of the Housing Act 1996 (minor definitions: Part 7), in the definition of “social services authority”—
(a)
“—
(a)
in relation to England”;
(b)
“(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)
152.
Section 100 of the Housing Grants, Construction and Regeneration Act 1996 (disabled persons) is amended as follows—
(a)
“(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)
“(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)
“(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)
(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)
153.
The Education Act 1996 is amended as follows.
154.
155.
156.
157.
158.
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)
159.
“(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)
160.
The Crime and Disorder Act 1998 is amended as follows.
161.
“(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.”
162.
In Schedule 8 omit paragraph 69.
Youth Justice and Criminal Evidence Act 1999 (c. 23)
163.
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)
164.
(1)
(a)
at the end of paragraph (b) omit “or”;
(b)
at the end of paragraph (c) omit the full stop and insert “or”;
(c)
“(d)
sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (similar provision for Wales).”
(2)
“(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)
165.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
166.
In section 20(6) of the Powers of Criminal Courts (Sentencing) Act 2000 (making of referral orders: attendance of parents) after “Children Act 1989” insert “or the Social Services and Well-being (Wales) Act 2014”.
167.
In section 137 (power to order parent or guardian to pay fine, costs, compensation or surcharge)—
(a)
“(b)
is provided with accommodation by them in the exercise of social services functions,”;
(b)
“(8A)
In subsection (8) social services functions are—
(a)
any functions (in particular those under the Children Act 1989) which are social services functions within the meaning of the Local Authority Social Services Act 1970, or
(b)
any functions (in particular those under Part 6 of the Social Services and Well-being (Wales) Act 2014) which are social services functions for the purposes of that Act.”
168.
(a)
“—
(a)
in relation to a local authority in England,”;
(b)
“(b)
in relation to a local authority in Wales, in section 143 of the Social Services and Well-being (Wales) Act 2014”.
169.
(a)
“—
(a)
in relation to a local authority in England,”;
(b)
“(b)
in relation to a local authority in Wales, in section 143 of the Social Services and Well-being (Wales) Act 2014”.
Care Standards Act 2000 (c. 14)
170.
The Care Standards Act 2000 is amended as follows.
171.
In section 22 (regulation of establishments and agencies)—
(a)
“(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)”.
172.
“(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;”.
173.
“(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.”
174.
“(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.”
175.
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)
“(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.”
176.
In Schedule 4 (minor and consequential amendments)—
(a)
(b)
Carers and Disabled Children Act 2000 (c. 16)
177.
(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)
178.
“(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;”.
Health and Social Care Act 2001 (c. 15)
179.
Part 4 of the Health and Social Care Act 2001 (social care) is amended as follows.
180.
Omit section 49 (exclusion of nursing care from community care services).
181.
Omit section 50 (preserved rights: transfer to local authorities of responsibilities as to accommodation).
182.
Omit section 54 (funding by resident of more expensive accommodation).
183.
In section 55 (power for local authorities to take charges on land instead of contributions)—
(a)
“(2B)
A local authority in Wales may not enter into, or be required by directions under subsection (2) to enter into, a deferred payment agreement on or after the day on which section 2 of the Social Services and Well-being (Wales) Act 2014 came into force.”
(b)
“(7)
Any reference in this section to relevant contributions is a reference to—
(a)
so much of the payments which the resident is liable to pay to an authority for Part 3 accommodation (including any payments which are additional payments for the purpose of section 54) as may be specified in, or determined in accordance with, regulations made for the purposes of this subsection; and
(b)
any sum due to an authority by the resident under Part 1 of the Care Act 2014 or Part 5 of the Social Services and Well-being (Wales) Act 2014 in respect of meeting needs for care and support by the provision of accommodation for the resident, including anything provided in connection with that accommodation.”
184.
Omit section 56 (cross border placements).
185.
(a)
in subsection (1)—
(i)
for “subsection (2) or (2A)” substitute “subsection (2A)”;
(ii)
omit “(2) or (as the case may be)”;
(b)
omit subsection (2);
(c)
in subsection (2A), omit “in England”;
(d)
in subsection (2B), for “subsection (2) or (2A)” substitute “subsection (2A)”;
(e)
in subsection (3) in each of paragraphs (a) and (g), for “subsection (2) or (2A)” substitute “subsection (2A)”;
(f)
omit subsection (7B).
186.
(a)
in the definition of “community care services” omit paragraph (a).
(b)
in the definition of “local authority”—
(i)
omit paragraph (za);
(ii)
in paragraph (a) for “in relation to Wales, or, in sections 55 and 57, England or Wales, has the meaning given by section 46(3) of the 1990 Act” substitute “does not, except in sections 55 and 57, include a local authority in England and, for the purposes of those sections in their application to local authorities in England, means a county council in England, a district council for an area in England which has no county council, a London borough council or the Common Council of the City of London”;
(iii)
“(aa)
does not, except in section 55, include a local authority in Wales and, for the purpose of that section in its application to local authorities in Wales, means the council of a county or county borough in Wales;”.
Homelessness Act 2002 (c. 7)
187.
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)
188.
The Adoption and Children Act 2002 is amended as follows.
189.
““the 2014 Act” means the Social Services and Well-being (Wales) Act 2014 (anaw 4),”.
190.
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”.
191.
In section 30(6) (general prohibitions on removal) after “1989 Act” insert “or section 76(5) of the 2014 Act”.
192.
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)”.
193.
In section 37 (applicants for adoption) after “1989 Act” insert “or section 76(5) of the 2014 Act”.
194.
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”.
195.
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”.
196.
In section 40(2)(b) (other non-agency cases) after “1989 Act” insert “or section 76(5) of the 2014 Act”.
197.
In section 53 (modification of 1989 Act in relation to adoption)—
(a)
in subsection (1) omit “of the 1989 Act”;
(b)
“(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”.
198.
In Schedule 6—
(a)
after “(where stated) of the 1989 Act” insert “or the 2014 Act”;
(b)
“the 2014 Act
section 2(5)”;
(c)
“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)
“local authority foster parent
section 105(1) of the 1989 Act”.
Nationality, Immigration and Asylum Act 2002 (c. 41)
199.
(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)
“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)
200.
Sexual Offences Act 2003 (c. 42)
201.
The Sexual Offences Act 2003 is amended as follows.
202.
(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)
“(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,”.
203.
“(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),”.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
204.
The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
205.
In section 114 (complaints about social services)—
(a)
in subsection (2) for “under subsection (1)” substitute “under this section”;
(b)
omit subsections (3) and (4);
(c)
in subsection (5)—
(i)
in paragraph (a) omit “in the case of regulations under subsection (1),”;
(ii)
(d)
in the heading at the end insert “: England”.
206.
In section 115 (complaints regulations: supplementary) in subsection (1) omit “or (3)”.
207.
Omit section 116(2) and (3) (insertion of section 26ZB into Children Act 1989).
208.
In section 148 (interpretation of Part 2)—
(a)
in the definition of “local authority”—
(i)
“—
(a)
in relation to England,”;
(ii)
“(b)
in relation to Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014”;
(b)
““social services functions” in relation to —
(a)
a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 but does not include—
- (i)
functions within section 135(1)(d) or (e) of the Education and Inspections Act 2006, or
- (ii)
functions prescribed by regulations under section 135(1)(f) of that Act;
(b)
a local authority in Wales, has the same meaning as in section 143 of the Social Services and Well-being (Wales) Act 2014;”.
209.
In Schedule 4, omit paragraph 77 (amendment to section 24C of the Children Act 1989).
Criminal Justice Act 2003 (c. 44)
210.
The Criminal Justice Act 2003 is amended as follows.
211.
In section 159 (disclosure of pre-sentence reports), in subsection (7), in the definition of “social services functions”—
(a)
“—
(a)
in relation to England,”;
(b)
“(b)
in relation to Wales, has the meaning given by section 143 of the Social Services and Well-being (Wales) Act 2014”.
212.
(a)
“—
(a)
in relation to England,”;
(b)
“(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)
213.
In the Carers (Equal Opportunities) Act 2004, omit—
(a)
section 1(2);
(b)
section 2(2) and (3);
(c)
(d)
section 4.
Public Audit (Wales) Act 2004 (c. 23)
214.
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)
215.
The Children Act 2004 is amended as follows.
216.
217.
“(i)
services under sections 105 to 118 and 176 of the Social Services and Well-being (Wales) Act 2014; or”.
218.
Omit sections 31 to 34 (Local Safeguarding Children Boards in Wales).
219.
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)
““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.”
220.
(a)
in subsection (2) omit paragraphs (a) and (b);
(b)
in subsection (4) omit the definition of “social services functions”.
221.
In Schedule 2, omit paragraph 2(2)(b).
Income Tax (Trading and Other Income) Act 2005 (c. 5)
222.
The Income Tax (Trading and Other Income) Act 2005 is amended as follows.
223.
(a)
“(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)”.
224.
225.
In section 806 (meaning of providing foster care)—
(a)
“(aa)
section 81 of the Social Services and Well-being (Wales) Act 2014 (provision of accommodation for children by local authorities).”;
(b)
“(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)
226.
The Mental Capacity Act 2005 is amended as follows.
227.
(a)
“(a)
Part 4 of the Social Services and Well-being (Wales) Act 2014; or”;
(b)
omit the words following paragraph (b).
228.
In section 64 (interpretation), in the definition of “social services function”—
(a)
“—
(a)
in relation to England”;
(b)
“(b)
in relation to Wales, has the meaning given in section 143 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).”
229.
(a)
omit sub-paragraphs (1) and (2);
(b)
“(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)
230.
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)
231.
The Childcare Act 2006 is amended as follows.
232.
“(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.”
233.
In Schedule 2 (amendments to Children Act 1989) omit paragraph 4.
Education and Inspections Act 2006 (c. 40)
234.
The Education and Inspections Act 2006 is amended as follows.
235.
236.
In Schedule 14 (amendments to the Children Act 1989) omit paragraph 17.
National Health Service Act 2006 (c. 41)
237.
The National Health Service Act 2006 is amended as follows.
238.
239.
240.
“(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).”
241.
In section 77 (care trusts)—
(a)
in subsection (11) after the words “relevant social services functions” insert “of a local authority in England”;
(b)
“(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)
““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.”
242.
““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),”.
243.
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)
“(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)
244.
The National Health Service (Wales) Act 2006 is amended as follows.
245.
“(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).”
246.
In section 35 (care trusts)—
(a)
in subsection (11) after the words “relevant social services functions” insert “of a local authority in England”;
(b)
“(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)
““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).”
247.
““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).”
248.
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”.
249.
In section 194 (power to make payments towards expenditure on community services)—
(a)
“(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)
“(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),”.
250.
Omit Schedule 15 (further provision about local social services authorities).
National Health Service (Consequential Provisions) Act 2006 (c. 43)
251.
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)
252.
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
253.
In section 6 (regulated activity providers)—.
(a)
(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)
“(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.”
254.
(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”.
255.
“(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)
256.
(1)
Section 38 of the Income Tax Act 2007 is amended as follows.
(2)
“(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)
(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)
257.
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)
258.
The Criminal Justice and Immigration Act 2008 is amended as follows.
259.
In section 7 (youth rehabilitation orders: interpretation) in subsection (5), in the definition of “social services functions”—
(a)
after the words “social services functions” insert “in relation to a local authority in England,”;
(b)
“(b)
in relation to a local authority in Wales, means the social services functions of the authority for the purposes of the Social Services and Well-being (Wales) Act 2014 (anaw 4).”
260.
In paragraph 18 of Schedule 1 of the Criminal Justice and Immigration Act 2008 (fostering requirement)—
(a)
“or section 81 of the Social Services and Well-being (Wales) Act 2014.”;
(b)
in sub-paragraph (8) after “has the same meaning as it has in” insert “section 105(1) of”.
Children and Young Persons Act 2008 (c. 23)
261.
The Children and Young Persons Act 2008 is amended as follows.
262.
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)
“(ba)
is a category 2 or 3 young person within the meaning of section 104 of the 2014 Act,”.
263.
(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)
““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)
““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”.
264.
In section 32 (power of Registrar General to supply information to national authorities)—
(a)
“(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)
“(5)
“Local Safeguarding Children Board in England” and “Safeguarding Children Board in Wales” have the same meanings as in section 31.”
265.
““the 2014 Act” means the Social Services and Well-being (Wales) Act 2014 (anaw 4).”
266.
In Schedule 1, omit paragraph 3(4) (definition of “local authority foster parent”).
267.
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)
268.
(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)
269.
The Welfare Reform Act 2009 is amended as follows.
270.
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)”.
271.
“(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)
272.
““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)
273.
The Personal Care at Home Act 2010 is repealed.
Children, Schools and Families Act 2010 (c. 26)
274.
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)
275.
The Children and Families (Wales) Measure 2010 is amended as follows.
276.
Omit Part 3 (integrated family support teams).
277.
Omit section 69 (local authority social services functions).
Social Care Charges (Wales) Measure 2010 (nawm 2)
278.
The Social Care Charges (Wales) Measure 2010 is repealed.
Carers Strategies (Wales) Measure 2010 (nawm 5)
279.
The Carers Strategies (Wales) Measure 2010 is repealed.
Mental Health (Wales) Measure 2010 (nawm 7)
280.
The Mental Health (Wales) Measure 2010 is amended as follows.
281.
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”.
282.
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”.
283.
Omit section 43 (amendment of the Local Authority Social Services Act 1970).
284.
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”.
285.
In section 51 (general interpretation)—
(a)
““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).
Health and Social Care Act 2012 (c. 7)
286.
Omit paragraph 50 of Schedule 5 to the Health and Social Care Act 2012 (amendment to section 24C(2) of the Children Act 1989).
Protection of Freedoms Act 2012 (c. 9)
287.
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)
288.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
289.
“(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”.
290.
In Schedule 1 (civil legal services)—
(a)
“(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)
“(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)
291.
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)
292.
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)
293.
“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.”
Social Services and Well-being (Wales) Act 2014 (anaw 4)
294.
The Social Services and Well-being (Wales) Act 2014 is amended as follows.
295.
In subsection (2)(h) of section 15 (preventative services) after “secure accommodation” insert “within the meaning given in section 119 and in section 25 of the Children Act 1989”.
296.
In section 37(4) (duty to meet care and support needs of a child) after “notified about a child under section 120(2)(a)” insert “or under section 85(1) of the Children Act 1989 (children accommodated by health authorities and local education authorities)”.
297.
In section 53 (direct payments: further provision)—
(a)
(b)
“(11)
The ways in which a local authority may discharge its duty under section 117 of the Mental Health Act 1983 include by making direct payments; and for that purpose Schedule A1 (which includes modifications of sections 50 and 51 and this section) has effect.”
298.
In section 58(1) (protecting property of persons being cared for away from home), in paragraph (a) for “or admission to hospital” substitute “, is admitted to hospital”.
299.
“(2A)
Where a local authority in England provides accommodation under section 20(1) of the Children Act 1989 (provision of accommodation for children: general) for a child who is ordinarily resident in the area of a local authority in Wales, that local authority in Wales 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 specified.”
300.
In section 77 (accommodation for children in police protection or detention or on remand etc)—
(a)
in subsection (4)(b)(i) after “local authority” insert “or local authority in England”;
(b)
in subsection (5) after “local authority” insert “or local authority in England”.
301.
“Children’s homes provided, equipped and maintained by Welsh Ministers or Secretary of State86.
Where a local authority places a child it is looking after in a children’s home provided, equipped and maintained by the Welsh Ministers or the Secretary of State under section 82(5) of the Children Act 1989, it must do so on such terms and conditions as the Welsh Ministers or the Secretary of State (as the case may be) may from time to time determine.”
302.
In section 93(1) (regulations providing for approval of local authority foster parents) in paragraph (a) after “such local authority” insert “or other persons”.
303.
In section 95(4) (promotion and maintenance of contact between child and family) for “from another local authority (“the transferring authority”) under section 76” substitute “from a local authority or a local authority in England under section 76 (“the transferring authority”)”.
304.
In section 119 (use of accommodation for restricting liberty)—
(a)
in subsection (2)(c) after “local authority” insert “or a local authority in England”;
(b)
in subsection (6) for the words from “representation funded by” to “Criminal Defence Service” substitute “the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”;
(c)
“(11)
An order made under this section in relation to a child, if it would otherwise still be in force, ceases to have effect when the child reaches the age of 18.”
305.
In section 120(5) (assessment of children accommodated by health authorities and education authorities) after “local authority has been notified under this section” insert “, or under section 85 of the Children Act 1989 (assessment of children accommodated by health authorities and education authorities)”.
306.
In section 122 (visitors for children notified to a local authority under section 120 or 121)—
(a)
in subsection (1)(a) after “section 120(2)(a) or 121(2)(a),” insert “or under section 85(1) of the Children Act 1989 (children accommodated by health authorities and local education authorities),”;
(b)
in subsection (1)(b) after “section 120(2)(b) or section 121(2)(b)” insert “, or under section 85(2) of the Children Act 1989”;
(c)
in the heading omit “under section 120 or 121”.
307.
In section 123 (services for children notified to a local authority under section 120 or 121)—
(a)
in subsection (1) after “section 120 or 121” insert “, or under section 85 of the Children Act 1989 (children accommodated by health authorities and local education authorities)”;
(b)
in the heading omit “under section 120 or 121”.
308.
“Jurisdiction and procedure
Jurisdiction of courts
125A.
For the purposes of this Part “court” (“llys”) means the High Court or a family court.
Rules of court
125B.
(1)
An authority having power to make rules of court may make such provision for giving effect to—
(a)
this Part, or
(b)
the provisions of any statutory instrument made under this Part,
as it appears to that authority to be necessary or expedient.
(2)
Section 93 of the Children Act 1989 (rules of court) applies to rules made in accordance with this section as it applies to rules made in accordance with that section.
The rules may, in particular, make provision—
(a)
with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced);
(b)
as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court;
(c)
for children to be separately represented in relevant proceedings;
(d)
with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings;
(e)
with respect to preliminary hearings;
(f)
enabling the court, in such circumstance as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings.
(3)
In subsection (2)—
“notice of proceedings” (“hysbysiad o achos”) means a summons or such other notice of proceedings as is required; and “given” (“rhoi”) in relation to a summons, means “served” (“cyflwyno”);
“prescribed” (“a ragnodir”) means prescribed by the rules; and
“relevant proceedings” (“achos perthnasol”) means any application made, or proceedings brought, under any of the provisions mentioned in paragraphs (a) to (c) of subsection (1) and any part of such proceedings.
(4)
This section and any other power in this Act to make rules of court are not to be taken as in any way limiting any other power of the authority in question to make rules of court.
(5)
When making any rules under this section an authority will be subject to the same requirement as to consultation (if any) as apply when the authority make rules under its general rule making power.
Privacy for children involved in proceedings under this Part
125C.
Section 97 of the Children Act 1989 (privacy for children involved in certain proceedings) applies in relation to children involved in any proceedings under this Part as it applies in relation to children involved in any proceedings under that Act.
125D.
(1)
A person must not publish to the public at large or any section of the public any material which is intended, or likely, to identify—
(a)
any child which is being involved in any proceedings before the High Court or the family court in which any power under this Act may be exercised by the court with respect to any child; or
(b)
an address or school as being that of a child involved in any such proceedings.
(2)
In any proceedings for an offence under this section it is a defence for the accused to prove that he or she did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child.
(3)
The court or the Lord Chancellor may, if satisfied that the welfare of the child requires it and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees, by order dispense the requirements of subsection (1) to such extent as may be specified in the order.
(4)
For the purposes of this section—
“material” (“deunydd”) includes any picture or representation; and
“publish” (“cyhoeddi”) includes—
(a)
include in a programme service (within the meaning of the Broadcasting Act 1990);
(b)
cause material to be published.
(5)
Any person who contravenes this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(6)
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his or her functions under subsection (3).”
309.
In section 134(2)(d) (safeguarding children boards and safeguarding adults boards) for “NHS trust” substitute “NHS Trust”.
310.
In section 162(4)(f) (arrangements to promote co-operation: adults with needs for care and support and carers) for “NHS trust” substitute “NHS Trust”.
311.
In section 164(4)(b) (duty to co-operate and provide information in the exercise of social services functions) for “NHS trust” substitute “NHS Trust”.
312.
“Duty of other persons to co-operate and provide information164A.
(1)
If a local authority requests the co-operation of a person mentioned in subsection (4) in the exercise of its functions mentioned in subsection (5), the person must comply with the request unless the person considers that doing so would—
(a)
be incompatible with the person’s own duties, or
(b)
otherwise have an adverse effect on the exercise of the person’s functions.
(2)
If a local authority requests that a person mentioned in subsection (4) provides it with information it requires for the purpose of the exercise of any of its functions mentioned in subsection (5), the person must comply with the request unless the person considers that doing so would—
(a)
be incompatible with the person’s own duties, or
(b)
otherwise have an adverse effect on the exercise of the person’s functions.
(3)
A person who decides not to comply with a request under subsection (1) or (2) must give the local authority which made the request written reasons for the decision.
(4)
The persons are—
(a)
a local authority in England;
(b)
a local housing authority in England;
(c)
the National Health Service Commissioning Board;
(d)
any clinical commissioning group, Special Health Authority, NHS Foundation Trust, or NHS trust in England established under section 25 of the National Health Service Act 2006;
(e)
any other persons—
(i)
as regulations may specify, or
(ii)
of a description as regulations may specify.
(5)
The functions are—
(a)
the local authority’s functions under section 14F of the Children Act 1989 (special guardianship support services);
(b)
any of the local authority’s functions in relation to safeguarding and promoting the well-being of children and young persons, in particular those with needs for care and support, and their families and others;
(c)
any of the local authority’s functions in relation to looked-after and accommodated children;
(d)
any of the local authority’s functions in relation to young persons entitled to support under sections 105 to 115.
(6)
Regulations under subsection (4)(e) may not specify the following persons without consent of the Secretary of State—
(a)
a Minister of the Crown, or
(b)
the governor of a prison or secure training centre (or in the case of a contracted out prison or secure training centre, its director).
(7)
In this section “local housing authority” (“awdurdod tai lleol”) means a local housing authority within the meaning of the Housing Act 1985.”
313.
In section 166(2)(b)(ii) (partnership arrangements) for “NHS trust” substitute “NHS Trust”.
314.
In section 190 (provider failure: exception to temporary duty), in paragraph (d) of subsection (1), omit sub-paragraph (i).
315.
In section 193 (recovery of costs between local authorities)—
(a)
in subsection (3) after “another local authority” insert “or local authority in England”;
(b)
in subsection (4) after “another local authority” insert “or local authority in England”;
(c)
in subsection (6)—
(i)
for “subsection (7)” substitute “subsection (7) or (8)”;
(ii)
after “under section 164(1) or (2)” insert “, or under section 27(2) of the Children Act 1989 (co-operation between authorities),”;
(iii)
after “the local authority” insert “or local authority in England”;
(d)
“(8)
Where a local authority (“authority A”) complies with any request under section 27(2) of the Children Act 1989 (co-operation between authorities) from a local authority in England (“authority B”) in relation to a person—
(a)
whose responsible authority (within the meaning of Part 3 of that Act) is authority B for the purposes of section 23B or 23C of that Act, or
(b)
whom authority B are advising or befriending or to whom it is giving assistance by virtue of section 24(5)(a) of that Act,
authority A may recover from authority B any reasonable expenses incurred by it in exercising its functions under sections 105 to 115 of this Act in respect of that person.”
316.
In section 194 (ordinary residence)—
(a)
“(4A)
A person who is being provided with accommodation under section 117 of the Mental Health Act 1983 (after-care) is to be treated for the purposes of this Act as ordinarily resident in the area of the local authority, or the local authority in England, on which the duty to provide that person with services under that section is imposed.”;
(b)
317.
“(1A)
Where the dispute is one to which section 30(2C) of the Children Act 1989 applies (questions of whether child ordinarily resident in England or Wales), then subsection (1) does not apply.”
318.
“Offences committed by bodies or partnerships195A.
(1)
Where a body corporate is guilty of an offence under this Act, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
(a)
any director, manager, secretary or other similar officer of the body corporate; or
(b)
any person purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate, and is liable to be proceeded against and punished accordingly.
(2)
For the purposes of this section “director” (“cyfarwyddwr”) in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(3)
Proceedings for an offence alleged to have been committed under this Act by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.
(4)
Any fine imposed on an unincorporated body on its conviction of an offence under this Act is to be paid out of the funds of that body.
(5)
If an unincorporated body is charged with an offence under this Act, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) have effect as if a corporation had been charged.
(6)
Where an offence under this Act committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, any officer of the body or any member of its governing body, that person as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.
(7)
Where an offence under this Act committed by a partnership or a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.”
319.
In section 197 (general interpretation and index of defined expressions)—
(a)
““local authority foster parent” (“rhiant maeth awdurdod lleol”) means a person authorised as such in accordance with regulations made by virtue of—
(a)
sections 87 and 93;
(b)
paragraph 12F of Schedule 2 to the Children Act 1989 (regulations providing for approval of local authority foster parents);”;
(b)
“(b)
a reference to a child looked after by a local authority in England has the same meaning as a reference in section 22 of the Children Act 1989 to a child who is looked after by a local authority in England;”.
320.
“(12)
A contribution order in relation to a child, if it would otherwise still be in force, ceases to have effect when the child reaches the age of 18.”
321.
In Schedule 1, in paragraph 4 (enforcement of contribution orders)—
(a)
omit sub-paragraphs (1) and (2);
(b)
in sub-paragraph (3) after “any other local authority” insert “or a local authority in England”.
322.
323.
“Schedule A1Direct Payments: After-care Under the Mental Health Act 1983
General
1.
Section 50 (direct payments to meet an adult’s needs), 51 (direct payments to meet a child’s needs) and 53 (direct payments: further provision) apply in relation to section 117 of the Mental Health Act 1983 but as if the following modifications were made to those sections.
Modifications to section 50
2.
For subsection (1) of section 50 substitute—“(1)
Regulations may require or allow a local authority to make payments to an adult to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging for the provision of after-care services for the adult under that section.”
3.
In subsection (3) of that section—
(a)
in paragraph (a), for “who has needs for care and support (“A”)” substitute “in respect of the provision to the adult (“A”) of after-care services under section 117 of the Mental Health Act 1983”, and
(b)
in paragraph (c)(i), for “of meeting A’s needs” substitute “of discharging its duty towards A under section 117 of the Mental Health Act 1983”.
4.
In subsection (4) of that section—
(a)
in paragraph (a), for “who has needs for care and support (“A”)” substitute “to whom section 117 of the Mental Health Act 1983 applies (“A”)”, and
(b)
in paragraph (d)(i) for “of meeting A’s needs” substitute “of discharging its duty towards A under section 117 of the Mental Health Act 1983”.
5.
In subsection (5) of that section—
(a)
in paragraph (a), for “A’s needs for care and support” substitute “the provision to A of after-care services under section 117 of the Mental Health Act 1983”, and
(b)
in paragraph (b), for “towards the cost of meeting A’s needs for care and support” substitute “equivalent to the cost of providing or arranging the provision to A of after-care services under section 117 of the Mental Health Act 1983”.
6.
In subsection (6)(b) of that section, for “A’s needs for care and support” substitute “the provision to A of after-care services under section 117 of the Mental Health Act 1983”.
Modifications to section 51
7.
For subsection (1) of section 51 substitute—“(1)
Regulations may require or allow a local authority to make payments to a person in respect of a child to whom section 117 of the Mental Health Act 1983 (after-care) applies that are equivalent to the cost of providing or arranging the provision of after-care services for the child under that section.”
8.
In subsection (3)(a) and (b) of that section, for “who has needs for care and support” (in each place it occurs) substitute “to whom section 117 of the Mental Health Act 1983 applies”.
9.
In subsection (5)(a) of that section, for “meeting the child’s needs” substitute “discharging its duty towards the child under section 117 of the Mental Health Act 1983”.
Modifications to section 53
10.
In subsection (1) of section 53—
(a)
in the opening words, for “50, 51 or 52” substitute “50 or 51”,
(b)
omit paragraphs (a), (b) and (c),
(c)
in paragraph (i), for “local authority’s duty or power to meet a person’s needs for care and support or a carer’s needs for support is displaced” substitute “a local authority’s duty under section 117 of the Mental Health Act 1983 (after-care) is discharged”, and
(d)
in paragraph (k), for “50 to 52” substitute “50 or 51”.
11.
Omit subsections (2) to (8) of that section.
12.
After subsection (8) of that section insert—“(8A)
Regulations made under sections 50 and 51 must specify that direct payments to meet the cost of providing or arranging for the provision of after-care services under section 117 of the Mental Health Act 1983 (after-care) must be made at a rate that the local authority estimates to be equivalent to the reasonable cost of securing the provision of those services to meet those needs.”
13.
In subsection (9) of that section—
(a)
for “, 51 or 52” substitute “or 51”, and
(b)
for “care and support (or, in the case of a carer, support)” substitute “after-care services”.
14.
In subsection (10) of that section, for “care and support (or, in the case of a carer, support) to meet needs” substitute “after-care services”.”
324.
In Schedule 2—
(a)
in the second column of the entry relating to the Public Health (Control of Disease) Act 1984, for “Part 2” substitute “Part 4”;
(b)
in the first column of the entry relating to the Disabled Persons (Services, Consultation and Representation) Act 1986, for “Sections 1 to 3 and 5(5)” substitute “Sections 1, 2 and 5(5)”;
(c)
“Children Act 1989
The whole Act in so far as it confers functions on a local authority in Wales within the meaning of the Act except—
- (a)
Part 3 and Schedule 2 (local authority support for children and families);
- (b)
section 36 and paragraphs 12 to 19(1) of Schedule 3 (education supervision orders).
Welfare reports; consent to application for residence order in respect of child in care; functions relating to special guardianship orders; family assistance orders; care and supervision; protection of children; functions in relation to community homes, voluntary homes and voluntary organisations, private children’s homes, and private arrangements for fostering children; inspection of children’s homes on behalf of the Welsh Ministers; research and returns of information.”;
(d)
“National Health Service and Community Care Act 1990
Section 47
Assessment of needs for services under section 117 of the Mental Health Act 1983.”;
(e)
“Section 67
The provision of relevant care services within the meaning of that section.”
Transitional and saving provisions325.
The Schedule (which contains transitional and saving provisions) has effect.