Community Care (Direct Payments) Act 1996 (c. 30)

Community Care (Direct Payments) Act 1996

1996 CHAPTER 30

An Act to enable local authorities responsible for community care services to make payments to persons in respect of their securing the provision of such services; and for connected purposes.

[4th July 1996]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act: certain functions transferred (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1 Act partly in force at Royal Assent see s. 7(2)

England and Wales E+W

F1 1 Direct payments. E+W

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Textual Amendments

F1 Ss. 1-3 repealed (8.4.2003 for E., 1.11.2004 for W.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 6 Pt. 3 (with ss. 64(9), 65(4)); S.I. 2003/850, art. 3(2)(d); S.I. 2004/1754, art. 2(e)

F1 2 Relationship with other functions. E+W

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Textual Amendments

F1 Ss. 1-3 repealed (8.4.2003 for E., 1.11.2004 for W.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 6 Pt. 3 (with ss. 64(9), 65(4)); S.I. 2003/850, art. 3(2)(d); S.I. 2004/1754, art. 2(e)

F1 3 Consequential amendments. E+W

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Textual Amendments

F1 Ss. 1-3 repealed (8.4.2003 for E., 1.11.2004 for W.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 6 Pt. 3 (with ss. 64(9), 65(4)); S.I. 2003/850, art. 3(2)(d); S.I. 2004/1754, art. 2(e)

Scotland S

F2 4 Direct payments. S

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Textual Amendments

F2 S. 4 repealed (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 (S.S.I. 2014/90), art. 1, sch. Pt. 1 (with art. 3)

5 Consequential amendment. S

In section 13 of the M1 Social Work (Scotland) Act 1968 (power of local authority to assist certain persons in disposal of produce of work), for the words “the last foregoing section” there shall be substituted the words “ section 12 of this Act ”.

Marginal Citations

M1 1968 c. 49.

Northern Ireland U.K.

6 Corresponding provision: parliamentary procedure. U.K.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M2 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to the purposes of sections 1 and 2 above—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M2 1974 c. 28.

General U.K.

7 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Community Care (Direct Payments) Act 1996.

(2) This Act, except section 6, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different purposes.

(3) The Secretary of State may by order made by statutory instrument provide that this Act shall have effect in its application to the Isles of Scilly with such modifications as are specified in the order.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Sections 4 and 5 above extend to Scotland only.

(6) This Act, except this section and section 6, does not extend to Northern Ireland.

Subordinate Legislation Made

P1 S. 7(2) power fully exercised (10.3.1997): 1.4.1997 appointed day by S.I. 1997/756, art. 2

Textual Amendments

F3 S. 7(4) repealed (8.4.2003 for E., 1.11.2004 for W.) by Health and Social Care Act 2001 (c. 15), s. 70(2), Sch. 6 Pt. 3 (with ss. 64(9), 65(4)); S.I. 2003/850, art. 3(2)(d); S.I. 2004/1754, art. 2(e)