Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/441 |
| Year | 2001 |
2001 No. 441
SOCIAL SERVICES, ENGLAND
The Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001
Made 15th February 2001
Laid before Parliament 16th February 2001
Coming into force 1st April 2001
The Secretary of State for Health, in exercise of the powers conferred by section 2(3) and (4) and section 11(1) and (3) of the Carers and Disabled Children Act 20001and section 1(1)(b)(ii) of the Community Care (Direct Payments) Act 19962, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001 and shall come into force on 1st April 2001.
(2) In these Regulations—
“the Act” means the Carers and Disabled Children Act 2000;
“the 1996 Act” means the Community Care (Direct Payments) Act 1996; and
“the 1997 Regulations” means the Community Care (Direct Payments) Regulations 19973.
(3) These Regulations extend to England only.
Services of an intimate nature and prescribed circumstances
2.—(1) For the purposes of section 2(3) of the Act a service delivered to the person cared for is of an intimate nature if it involves—
(a)
(a) lifting, washing, grooming, feeding, dressing, bathing, toileting, administering medicines or otherwise having physical contact with the person cared for;
(b)
(b) assistance in connection with washing, grooming, feeding, dressing, bathing, administering medicines or using the toilet; or
(c)
(c) supervising him whilst he is dressing, bathing or using the toilet.
(2) Where a service is being delivered to the person cared for and—
(a)
(a) during the delivery of that service the person cared for asks the person delivering the service to provide a service of an intimate nature; or
(b)
(b) the person cared for is in a situation in which he is likely to suffer serious personal harm unless a service of an intimate nature is provided to him and
(i) the person cared for is unable to consent to the provision of that service, or
(ii) the person providing the service reasonably believes it is necessary to provide that service because the likelihood of serious personal harm to the person cared for is imminent;
a service of an intimate nature may be provided.
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