The Care and Support (Cross-border Placements and Business Failure: Temporary Duty) (Dispute Resolution) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2843 |
| Year | 2014 |
2014No. 2843
SOCIAL CARE
The Care and Support (Cross-border Placements and Business Failure: Temporary Duty) (Dispute Resolution) Regulations 2014
20thOctober2014
28thOctober2014
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 39(8) and 125(7) and (8) of, and paragraph 5(9) to (11) of Schedule 1 to, the Care Act 2014( 1).
In accordance with paragraph 11 of Schedule 1 to the Care Act 2014, the Secretary of State has obtained the consent of the Welsh Ministers, the Scottish Ministers and the Northern Ireland Department( 2) to the making of these Regulations.
Citation, commencement and interpretation
1. (1) These Regulations may be cited as the Care and Support (Cross-border Placements and Business Failure: Temporary Duty) (Dispute Resolution) Regulations 2014.
(2) These Regulations come into force as follows-
(a) in so far as they make provision for the resolution of a dispute about the application of section 50 of the Act (temporary duty on local authority in Wales), these Regulations come into force-(i) on the date that section 50 of the Act comes fully into force, or(ii) if later, immediately after paragraph 5(9) of Schedule 1 comes fully into force( 3) (b) in so far as they make provision for the resolution of a dispute about the application of paragraph 2(2) to (8) of Schedule 1 (placements from Wales to England, Scotland or Northern Ireland under the Social Services and Well-being (Wales) Act 2014( 4)), these Regulations come into force- (i) on the date that Part 4 of the Social Services and Well-being (Wales) Act 2014 comes fully into force, or(ii) if later, immediately after paragraph 5(9) of Schedule 1 comes fully into force; and(c) for all other purposes, these Regulations come into force immediately after paragraph 5(9) of Schedule 1 comes fully into force.(3) In these Regulations-
"accommodation" means accommodation in England, accommodation in Wales, accommodation in Scotland or accommodation in Northern Ireland( 5);
"the Act" means the Care Act 2014;
"authority" means local authority in England, local authority in Wales, local authority in Scotland or HSC trust( 6);
"dispute" means dispute about the application of-
(a) section 48 (temporary duty on local authority in England) or 49 (section 48: cross-border cases) of the Act to the case of an adult( 7) or a carer( 8), in so far as the dispute is between a local authority in England and a local authority in Wales, a local authority in Scotland or an HSC trust;(b) section 50 (temporary duty on local authority in Wales) or 51 (temporary duty on Health and Social Care trust in Northern Ireland) of the Act to the case of an adult or a carer; or(c) any of paragraphs 1 to 4 of Schedule 1 (cross-border placements) to the case of an adult;"HSC trust" means Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (Health and Social Care trusts)( 9);
"lead authority" has the meaning given in regulation 3;
"needs" (except in regulation 5(3) and (5)) means-
(a) in respect of duties falling on local authorities in England, in relation to an adult, needs for care and support and in relation to a carer, needs for support;(b) in respect of duties falling on local authorities in Scotland, needs which must be met under section 12 or 13A of the Social Work (Scotland) Act 1968 (social welfare services and residential accommodation with nursing)( 10) or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (care and support services etc.)( 11);(c) in respect of duties falling on local authorities in Wales, needs which must be met or are to be met under section 35, 36, 40 or 45 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of adults and support needs of a carer);(d) in respect of duties falling on HSC trusts, needs which must be met under Article 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 (general social welfare)( 12) or which may be met under section 2 of the Carers and Direct Payments Act (Northern Ireland) 2002 (services for carers)( 13);"referred" in relation to a dispute, means referred for determination under paragraph 5 of Schedule 1 (dispute resolution), and "referral" is to be construed accordingly;
"Responsible Person" means the Secretary of State, the Welsh Ministers, the Scottish Ministers or the Northern Ireland Department;
"Schedule 1" means Schedule 1 to the Act.
(4) For the purposes of these Regulations, the following are Responsible Persons in relation to authorities-
(a) in relation to a local authority in England, the Secretary of State;(b) in relation to a local authority in Wales, the Welsh Ministers;(c) in relation to a local authority in Scotland, the Scottish Ministers;(d) in relation to an HSC trust, the Northern Ireland Department.(5) References in these Regulations to the date on which a dispute arises (however expressed) are references to the first date on which a written communication is sent by one of the authorities which are parties to the dispute to another of those authorities raising an issue about-
(a) the application of any of sections 48 to 51 of the Act to the case of an adult or a carer; or(b) the application of any of paragraphs 1 to 4 of Schedule 1 to the case of an adult.(6) In regulations 6 and 7 and for the purposes of the duty in regulation 8, a reference to the authorities which are parties to a dispute includes (where different) a reference to the lead authority in relation to that dispute, but this does not apply in relation to regulation 6(2)(a), (4)(a) or (5)(b) or to regulation 7(3)(h).
(7) In a case where a person is homeless, references in these Regulations (however expressed) to a person living in an area or a place are to be read as references to that person being physically present in that area or place.
Responsibility for determination of disputes
2. (1) The Responsible Person which is to determine a dispute between authorities is to be determined as follows.
(2) Where the authorities which are parties to the dispute ("the authorities in dispute") include a local authority in England, and the adult or carer to whom the dispute relates ("the relevant person") is living in England as at the date the dispute is referred ("the relevant date"), the dispute is to be determined by the Secretary of State.
(3) Where the authorities in dispute include a local authority in Wales, and the relevant person is living in Wales as at the relevant date, the dispute is to be determined by the Welsh Ministers.
(4) Where the authorities in dispute include a local authority in Scotland, and the relevant person is living in Scotland as at the relevant date, the dispute is to be determined by the Scottish Ministers.
(5) Where the authorities in dispute include an HSC trust, and the relevant person is living in Northern Ireland as at the relevant date, the dispute is to be determined by the Northern Ireland Department.
(6) In any other case, the dispute is to be determined by whichever of the persons who are Responsible Persons in relation to the authorities in dispute, those persons agree is to do so.
Lead authority in relation to disputes
3. (1) For the purposes of these Regulations, the lead authority in relation to a dispute is the authority in whose area the adult or carer to whom the dispute relates is living as at the date on which the dispute arises.
(2) If that authority ("A") is not one of the authorities which are parties to the dispute-
(a) those authorities must, without delay, bring to A's attention A's duties under these Regulations; and(b) A is not under those duties until the date on which A is aware of, or could reasonably be expected to have been aware of, those duties.Notification etc
4. (1) This regulation applies where a referral is-
(a) made to a Responsible Person by authorities in accordance with regulation 8; or(b) sent to a Responsible Person by another Responsible Person pursuant to paragraph (4).(2) In the following provisions of this regulation, the Responsible Person to whom the referral is made or sent is referred to as the "Relevant Responsible Person".
(3) If the dispute falls to be determined by the Relevant Responsible Person, that person must-
(a) in determining the dispute, consult all persons who are Responsible Persons in relation to the authorities which are parties to the dispute ("the authorities in dispute"); and(b) prior to notifying those authorities of the outcome of the determination, notify those Responsible Persons of that outcome.(4) If the dispute does not fall to be determined by the Relevant Responsible Person, that person must-
(a) as soon as reasonably practicable after receiving the referral, send the referral to the Responsible Person by whom it appears to the Relevant Responsible Person the dispute falls to be determined or, in a case within regulation 2(6), to all persons who are Responsible Persons in relation to...To continue reading
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