SCHEDULE
Article 2
Amendments in consequence of provisions of the Care Act 2014 and the Children and Families Act 2014
National Assistance Act 1948 (c. 29)
1. The National Assistance Act 1948 is amended as follows.
2. In section 21 (duty of local authorities to provide accommodation) in subsection (4) after "another local authority" insert ", including a local authority in England,".
3. In section 24 (authority liable for provision of accommodation) in subsection (4) after "another local authority" insert ", including a local authority in England,".
4.-(1) Section 32( 7) (adjustments between authorities) is amended as follows.
(2) In subsection (1), after "a reference to a local authority in" insert "England or".
(3) After subsection (5) insert-
"(6) Subsections (3) to (5) do not apply to a question which involves a dispute to which paragraph 5 of Schedule 1 to the Care Act 2014 applies (corresponding provision about cross-border placements)."5.-(1) Section 33(1)( 8) (local authorities for purposes of Part 3 of that Act) is amended as follows.
(2) After ""local authority"" insert "(except in "local authority in England")".
(3) Omit "England or".
(4) At the end insert "and "local authority in England" means a council which is a local authority for the purposes of the Local Authority Social Services Act 1970 in England."
6.-(1) Section 47 (removal to suitable premises of persons in need of care and attention) is amended as follows.
(2) In subsection (1), after "for persons" insert "in Wales".
(3) In subsection (12), omit "the councils of districts and London Boroughs and the Common Council of the City of London,".
(4) In subsection (12A)(a)( 9), omit "England and".
7. In section 48(1) (duty of councils to provide temporary protection of property)-
(a) after "it appears to the council" insert ", in the case of any moveable property of that person that is for the time being situated in Wales,";(b) for "any moveable property of his" substitute "the property".8. In section 56(3)( 10) (legal proceedings) after "1970" insert "in Wales".
9. In section 64 (interpretation), in subsection (1), in the definition of "local authority", for the words from "means", in the first place, to the end substitute "means the council of a county or county borough in Wales".
10. Section 66 of that Act (application to Isles of Scilly) ceases to have effect.
Disabled Persons (Employment) Act 1958 (c. 33)
11. In section 3(2)( 11) of the Disabled Persons (Employment) Act 1958 (provision of sheltered employment by local authorities) omit "paragraph 2 of Schedule 20 to the National Health Service Act 2006 or".
Health Services and Public Health Act 1968 (c. 46)
12. Part 2 of the Health Services and Public Health Act 1968 (amendments connected with local authorities' services under the National Assistance Act 1948) is amended as follows.
13. In section 45(11) (local authorities' promotion of welfare of old people: meaning of local authority) for the words from "the council of a county" to "City of London" substitute "the council of a county or county borough in Wales".
14. Section 46 (application to Isles of Scilly) ceases to have effect.
Civil Evidence Act 1968 (c. 64)
15. In section 12 of the Civil Evidence Act 1968 (findings of adultery and paternity as evidence in civil proceedings), in subsection (5)( 12), in the definition of "relevant proceedings", omit paragraph (a).
Local Authority Social Services Act 1970 (c. 42)
16. The Local Authority Social Services Act 1970 is amended as follows.
17. In section 7 (local authorities to act under general guidance of Secretary of State) after subsection (1) insert-
"(1A) Section 78 of the Care Act 2014 applies instead of this section in relation to functions given by Part 1 of that Act or by regulations under that Part."18.-(1) Schedule 1( 13) (social services functions) is amended as follows.
(2) In the entry for section 1 of the Chronically Sick and Disabled Persons Act 1970, after "welfare services" insert "; providing information about certain welfare services".
(3) After the entry for section 2 of that Act insert-
"Section 2A |
Welfare services: transition for children to adult care and support in England." |
(4) Omit the entry for the National Health Service Act 1977.
(5) After the entry for section 117 of the Mental Health Act 1983 insert-
"Section 117A |
Functions under regulations about provision of preferred accommodation under section 117." |
(6) In column 1 of the entry for Part 4 of the Health and Social Care Act 2001 omit "England or".
(7) After the entries for the Mental Capacity Act 2005 insert-
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"National Health Service (Wales) Act 2006 Schedule 15 |
Care of mothers and young children; prevention, care and after-care; home help and laundry facilities." |
(8) At the end insert-
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Part 1, except section 78, so far as that Part and regulations under it give functions to local authorities in England |
General responsibilities in relation to care and support services. Assessing and meeting needs for care and support, and carers' needs. Direct payments, deferred payment agreements and loans. ... |
