The Community Care Plans (Disapplication) (England) Order 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/1716 |
| Year | 2003 |
2003 No. 1716
SOCIAL SERVICES, ENGLAND
LOCAL GOVERNMENT, ENGLAND
The Community Care Plans (Disapplication) (England) Order 2003
Made 8th July 2003
Coming into force 9th July 2003
Whereas—
(a) the Secretary of State considers that it is not appropriate for section 46(1) and (2) of the National Health Service and Community Care Act 19901to apply to a local authority in England2;
(b) the Secretary of State has consulted such local authorities, representatives of local government, and other persons as appear to him to be likely to be affected by his proposals3;
(c) a document, which explained the Secretary of State’s proposals, set them out in the form of a draft order and gave details of the consultation, was laid before each House of Parliament as required by section 9(3) of the Local Government Act 2000, and the sixty day period for Parliamentary consideration required by section 9(4) of that Act expired before a draft of this Order was laid before Parliament;
(d) in preparing a draft of this Order the Secretary of State considered any representations made during that period4;
(e) a draft of this Order was laid before Parliament with a statement of the Secretary of State giving details of such representations and of any changes made to the Secretary of State’s proposals contained in the document previously laid before Parliament5; and
(f) the draft was approved by a resolution of each House of Parliament:
Now, therefore, the Secretary of State for Health, in exercise of the powers conferred upon him by sections 6(1) and 105 of the Local Government Act 2000, and of all other powers enabling him in that behalf, hereby makes the following Order:—
Citation, commencement, interpretation and application
1.—(1) This Order may be cited as the Community Care Plans (Disapplication) (England) Order 2003 and shall come into force on the day after the day on which it is made.
(2) In this Order—
“the Act” means the National Health Service and Community Care Act 1990; and
“local authority” has the same meaning as in section 46(3) of the Act.
(3) This Order applies to local authorities whose areas are situated in England only.
Disapplication
2. The following provisions shall not apply to local authorities to which this Order applies—
(a) subsections (1) and (2) of section 46 of the Act; and
(b) the entry relating to section 46 of the Act contained in...
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