The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016

Children and Young Persons Act 1933 (c. 12)

3The Children and Young Persons Act 1933 is amended as...

4In section 34(7A) (attendance at court of parent of child...

5In section 34A (attendance at court of parent or guardian)...

National Assistance Act 1948 (c. 29)

6The National Assistance Act 1948 is amended as follows.

7In section 1(replacement of application of poor law by certain...

9(1) Omit Part 4 except sections 49 and 68.

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

10The Disabled Persons (Employment) Act 1958 is amended as follows....

11In section 3 (provision of sheltered employment by local authorities)—...

12Omit the Schedule.

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

13The Health Services and Public Health Act 1968 is amended...

14Omit section 45 (promotion by local authorities of the welfare...

15In section 63(8) (provision of instruction in certain activities connected...

16In section 64 (financial assistance by Ministers to certain voluntary...

17In section 65 (financial assistance by local authorities to certain...

Administration of Justice Act 1970 (c. 31)

18In Schedule 8 of the Administration of Justice Act 1970...

Local Authority Social Services Act 1970 (c. 42)

19The Local Authority Social Services Act 1970 is amended as...

20In section 1 (local authorities)— (a) for “the councils of...

21In section 6 (director of social services)—

22In section 13 (orders and regulations), omit subsection (5).

23The amendments made by these Regulations to section 1 of...

24In Schedule 1— (a) omit the entries relating to the...

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

25The Chronically Sick and Disabled Persons Act 1970 is amended...

26In section 1 (information as to need for and existence...

27In section 2 (provision of welfare services) omit subsection (1)....

28Omit section 28A (application of Act to authorities having functions...

Attachment of Earnings Act 1971 (c. 32)

29In Schedule 1 to the Attachment of Earnings Act 1971...

Local Government Act 1972 (c. 70)

30In section 112 of the Local Government Act 1972 (appointment...

Land Compensation Act 1973 (c. 26)

31In section 38 of the Land Compensation Act 1973 (amount...

Reserve Forces Act 1980 (c. 9)

32Schedule 2 to the Reserve Forces Act 1980 (army and...

Magistrates’ Court Act 1980 (c. 43)

33In section 62(5)(a) of the Magistrates’ Court Act 1980 (provisions...

Senior Courts Act 1981 (c. 54)

34In Schedule 1 to the Senior Courts Act 1981 (distribution...

Mental Health Act 1983 (c. 20)

35The Mental Health Act 1983 is amended as follows.

36In section 117B (after-care: exception for provision of nursing care),...

37In section 135 (warrant to search for and remove patients...

Health and Social Services and Social Security Adjudications Act 1983 (c. 41)

38The Health and Social Services and Social Security Adjudications Act...

39In section 17 (charges for local authority services in England...

40In section 22 (arrears of contributions charged on interest in...

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

41In section 46 of the Public Health (Control of Disease)...

Matrimonial and Family Proceedings Act 1984 (c. 42)

42In section 31L(8)(a)(i) of the Matrimonial and Family Proceedings Act...

Transport Act 1985 (c. 67)

43The Transport Act 1985 is amended as follows.

44In section 104 (travel concessions) in subsection (2)(b), for paragraph...

45In section 137(1) (general interpretation), in the definition of “social...

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

46The Disabled Persons (Services, Consultation and Representation) Act 1986 is...

47In section 2(5) (rights of authorised representatives of disabled persons)—...

48In section 3 (assessment by local authorities in Wales or...

49In section 4 (services under section 2 of the Chronically...

50In section 8 (duty of local authority in Wales or...

51In section 16(1) (interpretation) (a) in the definition of “disabled...

Local Government Finance Act 1988 (c. 41)

52(1) In Schedule 5 to the Local Government Finance Act...

Social Security Act 1989 (c. 24)

53The Social Security Act 1989 is amended as follows.

54In Schedule 5— (a) in paragraph 5A(7A)(a) (unfair paternity leave...

Children Act 1989 (c. 41)

55The Children Act 1989 is amended as follows.

56In subsection (11) of section 14F (special guardianship support services)—...

57(1) After the heading in Part 3 insert— Application to...

58In section 17 (provision of services for children in need,...

59In section 17ZA (young carers’ needs assessments: England)—

60In section 17ZD (parent carers’ needs assessments: England)—

61In section 17ZG(1)(a) (section 17 services: continued provision where EHC...

62In section 17ZH (section 17 services: transition for children to...

63In section 17ZI(1) (section 17 services: provision after EHC plan...

64In section 17A(1) (direct payments) for “appropriate national authority” substitute...

65Omit section 17B (vouchers for persons with parental responsibility for...

66In section 18 (day care for pre-school and other children)—...

67In section 20 (provision of accommodation for children: general)—

68In section 21(3) (provision of accommodation for children in police...

69In section 22 (general duty of local authority in relation...

70In section 22C (ways in which looked after children are...

71For section 22E (children’s homes provided by appropriate national authority)...

72In section 23ZA(3)(a) (duty of local authority to ensure visits...

73In section 23ZB (independent visitors for children looked after by...

74In section 23A (the responsible authority and relevant children)—

75In section 23B(10) (additional functions of the responsible authority in...

76In section 23C(5B) (continuing functions in respect of former relevant...

77In section 23CZA(1) (arrangements for certain former relevant children to...

78In section 23CA(1)(a) (further assistance to pursue education or training)...

79In section 23D (personal advisers)— (a) in subsection (1) for...

80In section 23E (pathway plans)— (a) in subsection (1) after...

81In section 24 (persons qualifying for advice and assistance)—

82In section 24A (advice and assistance)— (a) in subsection (2)(b)...

83In section 24B(6) (employment, education and training) for “appropriate national...

84In section 24C (information)— (a) in subsection (1) after “area...

85In section 24D (representations: sections 23A to 24B)—

86In section 25 (use of accommodation for restricting liberty)—

87In section 25A(4) (appointment of independent reviewing officer) for “appropriate...

88In section 25B (functions of independent reviewing officer)—

89Omit section 25C(2) (referred cases, regulations in respect of Wales)....

90In section 26 (review of cases and inquiries into representations),...

91Omit section 26ZB (representations: further consideration (Wales)).

92In section 26A (advocacy services)— (a) omit subsection (2A);

93In section 27 (co-operation between authorities)— (a) after subsection (3)(d)...

94In section 29 (recoupment of cost of providing services etc.)—...

95In section 30 (miscellaneous)— (a) in subsection (2)—

96Omit section 30A (meaning of appropriate national authority).

97In section 33(8)(b) (arrangements for a child to live outside...

98In section 34 (parental contact etc. with children in care)—...

99In section 42 (right of officer of the Service to...

100In section 47 (local authority’s duty to investigate), for subsection...

101In section 59 (provision of accommodation by voluntary organisations)—

102In section 85 (children accommodated by health authorities and local...

103In section 86 (children accommodated in care homes or independent...

104In section 86A (visitors for children notified to local authority...

105For section 104A (regulations and orders made by the Welsh...

106In section 105 (interpretation)— (a) in subsection (1) for the...

107After the heading in Schedule 2 (local authority support for...

108In Schedule 2, in paragraph 4 (prevention of neglect and...

109In Schedule 2, in paragraph 6(2) (provision for disabled children)...

110In Schedule 2, in paragraph 7(c) after “secure accommodation” insert...

111In Schedule 2, in paragraph 8A(2) (provision for accommodated children)...

112In Schedule 2, in the heading of Part 2 (children...

113In Schedule 2, in paragraph 12F (approval of local authority...

114In Schedule 2, in paragraph 15(3) (promotion of maintenance of...

115In Schedule 2, in paragraph 19B (additional functions in relation...

116In Schedule 2, in paragraph 19BA(1) (preparation for ceasing to...

117In Schedule 2, for paragraph 20(1)(a) (death of children being...

118In Schedule 2, in the heading of Part 3 (contributions...

119In Schedule 2, in paragraph 24(3) (enforcement of contribution orders)...

120In Schedule 2, in paragraph 25 (regulations)—

121For the heading to Schedule 2 substitute— SUPPORT FOR CHILDREN...

122In paragraph 61 of Schedule 13 (consequential amendments) omit sub-paragraphs...

Opticians Act 1989 (c. 44)

123In section 27 of the Opticians Act 1989 (sale and...

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

124The National Health Service and Community Care Act 1990 is...

125Omit section 46 (local authority plans for community care services)....

126In section 47 (assessment of needs for community care services)—...

127In section 48 (inspection of premises used for provision of...

Criminal Justice Act 1991 (c. 53)

128In section 60(3) of the Criminal Justice Act 1991 (remands...

Water Industry Act 1991 (c. 56)

129In paragraph 8(2) of Schedule 4A to the Water Industry...

Social Security Contributions and Benefits Act 1992 (c. 4)

130The Social Security Contributions and Benefits Act 1992 is amended...

131In section 143 (meaning of “person responsible for child or...

132In section 171ZB (entitlement: adoption) at the end insert—

133In section 171ZE (rate and period of pay) at the...

134In section 171ZJ(1) (Part 12ZA: supplementary) in the definition of...

135In section 171ZL (entitlement) at the end insert—

136In section 171ZN (rate and period of pay) at the...

137In section 171ZS(1) (Part 12ZB: supplementary) in the definition of...

138In section 171ZV (entitlement: adoption) for subsections (17) and (18)...

139In section 171ZZ4(1) (Part 12ZC: supplementary) in the definition of...

Further and Higher Education Act 1992 (c. 13)

140In section 85D(7) of the Further and Higher Education Act...

Local Government Finance Act 1992 (c. 14)

141In paragraph 7(2) of Schedule 1 to the Local Government...

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

142In section 1 of the Carers (Recognition and Services) Act...

Employment Rights Act 1996 (c. 18)

143The Employment Rights Act 1996 is amended as follows.

144In section 57ZS (placement of looked after children with prospective...

145In section 75A (ordinary adoption leave) for subsection (1A)(c) substitute—...

146In section 75G (entitlement to shared parental leave: adoption)—

147In section 80B (entitlement to paternity leave: adoption)—

148In section 235(1) (other definitions) in the definition of “local...

Housing Act 1996 (c. 52)

149The Housing Act 1996 is amended as follows.

150In section 213A of the Housing Act 1996 (co-operation in...

151In section 217 of the Housing Act 1996 (minor definitions:...

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

152Section 100 of the Housing Grants, Construction and Regeneration Act...

Education Act 1996 (c. 56)

153The Education Act 1996 is amended as follows.

154In section 463(1)(b) (meaning of “independent school”) after “Children Act...

155In section 515(4) (provision of teaching services for day nurseries),...

156In section 535(4) (provision of teaching services for day nurseries),...

157In section 562(3) (Act not to apply to persons detained...

158In section 562J(1) (interpretation of chapter) in the definition of...

School Standards and Framework Act 1998 (c. 31)

159For section 84(7) of the School Standards and Framework Act...

Crime and Disorder Act 1998 (c. 37)

160The Crime and Disorder Act 1998 is amended as follows....

161In section 40(3) (youth justice plans) for subsection (3) substitute—...

162In Schedule 8 omit paragraph 69.

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

163In section 50(10) of the Youth Justice and Criminal Evidence...

Immigration and Asylum Act 1999 (c. 33)

164(1) In section 122(4) of the Immigration and Asylum Act...

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

165The Powers of Criminal Courts (Sentencing) Act 2000 is amended...

166In section 20(6) of the Powers of Criminal Courts (Sentencing)...

167In section 137 (power to order parent or guardian to...

168In paragraph 9ZA of Schedule 1 (power to adjourn hearing...

169In paragraph 6A of Schedule 8 (power to adjourn hearing...

Care Standards Act 2000 (c. 14)

170The Care Standards Act 2000 is amended as follows.

171In section 22 (regulation of establishments and agencies)—

172In section 31 (inspections by persons authorised by registration authority)...

173For section 43(3)(b) (local authority services: meaning of “relevant fostering...

174For section 78(1B) (interpretation) substitute— (1B) A person falls within...

175In section 121 (general interpretation)— (a) in subsection (1)—

176In Schedule 4 (minor and consequential amendments)—

Carers and Disabled Children Act 2000 (c. 16)

177(1) The Carers and Disabled Children Act 2000 is repealed....

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

178After section 6(2)(b) of the Children (Leaving Care) Act 2000...

Health and Social Care Act 2001 (c. 15)

179Part 4 of the Health and Social Care Act 2001...

180Omit section 49 (exclusion of nursing care from community care...

181Omit section 50 (preserved rights: transfer to local authorities of...

182Omit section 54 (funding by resident of more expensive accommodation)....

183In section 55 (power for local authorities to take charges...

184Omit section 56 (cross border placements).

185In section 57(direct payments)— (a) in subsection (1)—

186In section 59(1) (definitions)— (a) in the definition of “community...

Homelessness Act 2002 (c. 7)

187In section 4 of the Homelessness Act 2002 (interpretation for...

Adoption and Children Act 2002 (c. 38)

188The Adoption and Children Act 2002 is amended as follows....

189In section 2(5) (basic definitions) insert in the appropriate place...

190In section 3 (requirement for local authorities to maintain an...

191In section 30(6) (general prohibitions on removal) after “1989 Act”...

192In section 34(6) (placement orders: prohibition on removal) after “1989...

193In section 37 (applicants for adoption) after “1989 Act” insert...

194In section 38 (local authority foster parents)—

195In section 39 (partners of parents)— (a) in subsection (2)(b)...

196In section 40(2)(b) (other non-agency cases) after “1989 Act” insert...

197In section 53 (modification of 1989 Act in relation to...

198In Schedule 6— (a) after “(where stated) of the 1989...

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

199(1) Paragraph 1(1) of Schedule 3 of the Nationality, Immigration...

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

200Omit section 16 of the Community Care (Delayed Discharges etc.)...

Sexual Offences Act 2003 (c. 42)

201The Sexual Offences Act 2003 is amended as follows.

202In section 21 (positions of trust)— (a) in subsection (3)(a),...

203In section 27 (family relationships), after subsection (5)(c)(ia) insert—

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

204The Health and Social Care (Community Health and Standards) Act...

205In section 114 (complaints about social services)—

206In section 115 (complaints regulations: supplementary) in subsection (1) omit...

207Omit section 116(2) and (3) (insertion of section 26ZB into...

208In section 148 (interpretation of Part 2)—

209In Schedule 4, omit paragraph 77 (amendment to section 24C...

Criminal Justice Act 2003 (c. 44)

210The Criminal Justice Act 2003 is amended as follows.

211In section 159 (disclosure of pre-sentence reports), in subsection (7),...

212In section 325 (arrangements for assessing risks posed by certain...

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

213In the Carers (Equal Opportunities) Act 2004, omit—

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

214In section 54 (restriction on disclosure of information) of the...

Children Act 2004 (c. 31)

215The Children Act 2004 is amended as follows.

216In section 9(4)(a) (Commissioner’s functions in relation to certain young...

217In section 25(10)(b) (co-operation to improve well-being: Wales) for sub-paragraph...

218Omit sections 31 to 34 (Local Safeguarding Children Boards in...

219In section 49 (payments to foster parents)—

220In section 50A (intervention – Wales)— (a) in subsection (2)...

221In Schedule 2, omit paragraph 2(2)(b).

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

222The Income Tax (Trading and Other Income) Act 2005 is...

223In section 744 (payments to adopters, etc: England and Wales)—...

224In section 776(2A) (scholarship income) at end insert “or under...

225In section 806 (meaning of providing foster care)—

Mental Capacity Act 2005 (c. 9)

226The Mental Capacity Act 2005 is amended as follows.

227In section 39 (provision of accommodation by local authority), in...

228In section 64 (interpretation), in the definition of “social services...

229In paragraph 183 of Schedule A1 (deprivation of liberty of...

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

230In Schedule 6 of the Public Services Ombudsman (Wales) Act...

Childcare Act 2006 (c. 21)

231The Childcare Act 2006 is amended as follows.

232For section 25(2) (charges where local authority provide childcare) substitute—...

233In Schedule 2 (amendments to Children Act 1989) omit paragraph...

Education and Inspections Act 2006 (c. 40)

234The Education and Inspections Act 2006 is amended as follows....

235In section 93A(7) (recording and reporting the use of force...

236In Schedule 14 (amendments to the Children Act 1989) omit...

National Health Service Act 2006 (c. 41)

237The National Health Service Act 2006 is amended as follows....

238In section 13N (duty of Health Service Commissioning Board as...

239In section 14Z1 (duty of clinical commissioning groups as to...

240In section 74 (supply of goods and services by local...

241In section 77 (care trusts)— (a) in subsection (11) after...

242In section 78 (directed partnership arrangements), until the repeal of...

243In section 256 (power to make payments towards expenditure on...

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

244The National Health Service (Wales) Act 2006 is amended as...

245In section 32 (supply of goods and services by local...

246In section 35 (care trusts)— (a) in subsection (11) after...

247In section 36 (directed partnership arrangements), in subsection (5), for...

248In section 192 (local social services authorities)—

249In section 194 (power to make payments towards expenditure on...

250Omit Schedule 15 (further provision about local social services authorities)....

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

251In paragraph 90 of Schedule 1 to the National Health...

Safeguarding Vulnerable Groups Act 2006 (c. 47)

252The Safeguarding Vulnerable Groups Act 2006 is amended as follows....

253In section 6 (regulated activity providers)—. (a) in subsection (8A)—...

254In section 30(8) (provision of vetting information) (until it ceases...

255For section 53(7)(a) (fostering) substitute— (a) the person is a...

Income Tax Act 2007 (c. 3)

256(1) Section 38 of the Income Tax Act 2007 is...

Offender Management Act 2007 (c. 21)

257In Part 1 of Schedule 3 to the Offender Management...

Criminal Justice and Immigration Act 2008 (c. 4)

258The Criminal Justice and Immigration Act 2008 is amended as...

259In section 7 (youth rehabilitation orders: interpretation) in subsection (5),...

260In paragraph 18 of Schedule 1 of the Criminal Justice...

Children and Young Persons Act 2008 (c. 23)

261The Children and Young Persons Act 2008 is amended as...

262In section 20 (designated member of staff at school for...

263In section 31 (supply of information concerning the death of...

264In section 32 (power of Registrar General to supply information...

265In section 41 (interpretation) after the definition of “the 2000...

266In Schedule 1, omit paragraph 3(4) (definition of “local authority...

267In Schedule 3 (minor and supplementary amendments to the Children...

Learner Travel (Wales) Measure 2008 (nawm 2)

268(1) Section 24 (general interpretation) of the Learner Travel (Wales)...

Welfare Reform Act 2009 (c. 24)

269The Welfare Reform Act 2009 is amended as follows.

270In section 39(6) (relevant services)— (a) omit paragraph (b);

271In section 50 (interpretation of Part 2), in the definition...

Policing and Crime Act 2009 (c. 26)

272In paragraph 4 of Schedule 5A (activity requirements relating to...

Personal Care at Home Act 2010 (c. 18)

273The Personal Care at Home Act 2010 is repealed.

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

274Omit section 9 of the Children, Schools and Families Act...

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

275The Children and Families (Wales) Measure 2010 is amended as...

276Omit Part 3 (integrated family support teams).

277Omit section 69 (local authority social services functions).

Social Care Charges (Wales) Measure 2010 (nawm 2)

278The Social Care Charges (Wales) Measure 2010 is repealed.

Carers Strategies (Wales) Measure 2010 (nawm 5)

279The Carers Strategies (Wales) Measure 2010 is repealed.

Mental Health (Wales) Measure 2010 (nawm 7)

280The Mental Health (Wales) Measure 2010 is amended as follows....

281In section 5(2) (meaning of “local primary mental health support...

282In section 9(3)(d) (conduct of primary mental health assessments) for...

283Omit section 43 (amendment of the Local Authority Social Services...

284In section 49(1)(d) (meaning of secondary mental health services) for...

285In section 51 (general interpretation)— (a) in subsection (1) for...

Health and Social Care Act 2012 (c. 7)

286Omit paragraph 50 of Schedule 5 to the Health and...

Protection of Freedoms Act 2012 (c. 9)

287In section 28 of the Protection of Freedoms Act 2012...

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

288The Legal Aid, Sentencing and Punishment of Offenders Act 2012...

289For section 107(6) (interpretation of chapter) substitute—

290In Schedule 1 (civil legal services)— (a) in Part 1,...

Children and Families Act 2014 (c. 6)

291Omit section 16(2) of the Children and Families Act 2014...

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

292In paragraph 4 of Schedule 2 to the Anti-social Behaviour,...

Care Act 2014 (c. 23)

293In section 62 of the Care Act 2014 (power to...

Social Services and Well-being (Wales) Act 2014 (anaw 4)

294The Social Services and Well-being (Wales) Act 2014 is amended...

295In subsection (2)(h) of section 15 (preventative services) after “secure...

296In section 37(4) (duty to meet care and support needs...

297In section 53 (direct payments: further provision)—

298In section 58(1) (protecting property of persons being cared for...

299In section 76 (accommodation for children without parents or who...

300In section 77 (accommodation for children in police protection or...

301For section 86 (children’s homes provided, equipped and maintained by...

302In section 93(1) (regulations providing for approval of local authority...

303In section 95(4) (promotion and maintenance of contact between child...

304In section 119 (use of accommodation for restricting liberty)—

305In section 120(5) (assessment of children accommodated by health authorities...

306In section 122 (visitors for children notified to a local...

307In section 123 (services for children notified to a local...

308After section 125 (death of children being looked after by...

309In section 134(2)(d) (safeguarding children boards and safeguarding adults boards)...

310In section 162(4)(f) (arrangements to promote co-operation: adults with needs...

311In section 164(4)(b) (duty to co-operate and provide information in...

312After section 164 (duty to co-operate and provide information in...

313In section 166(2)(b)(ii) (partnership arrangements) for “NHS trust” substitute “NHS...

314In section 190 (provider failure: exception to temporary duty), in...

315In section 193 (recovery of costs between local authorities)—

316In section 194 (ordinary residence)— (a) after subsection (4) insert—...

317In section 195 (disputes about ordinary residence and portability of...

318After section 195 insert— Offences committed by bodies or partnerships...

319In section 197 (general interpretation and index of defined expressions)—...

320In Schedule 1, in paragraph 3 (contribution orders) at the...

321In Schedule 1, in paragraph 4 (enforcement of contribution orders)—...

322Omit Schedule A1 from the English text.

323Before Schedule 1 insert the following— Schedule A1 Direct Payments:...

324In Schedule 2— (a) in the second column of the...

325Transitional and saving provisions

SCHEDULETransitional and saving provisions

1Interpretation

2Section 26 of the Children Act 1989

3General transitional and saving provisions

4Transitional provision in relation to enforcement of debts

5Transitional provision relating to ordinary residence disputes

6Transitional provision in relation to protecting property of persons admitted to hospitals etc.

7Savings provision in relation to Welsh Minsters powers to intervene

2016 No. 413 (W. 131)

Social Care, England And Wales

The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016

Made19 March 2016

Coming into force in accordance with Regulation 2

The Welsh Ministers make the following Regulations in exercise of the powers conferred by section 198 of the Social Services and Well-being (Wales) Act 20141.

A draft of these Regulations was laid before the National Assembly for Wales under section 196(6) of that Act and has been approved by a resolution of the National Assembly for Wales.