The Carers and Disabled Children Act 2000 (Commencement No. 1) (Wales) Order 2001

Welsh Statutory Instruments

2001 No. 2196 (W. 156) (C. 72)

SOCIAL SERVICES, WALES

CHILDREN AND YOUNG PERSONS, WALES

The Carers and Disabled Children Act 2000 (Commencement No. 1) (Wales) Order 2001

Made

12th June 2001

The National Assembly for Wales, in exercise of the powers conferred upon it by section 12(2) of the Carers and Disabled Children Act 2000(1), hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Carers and Disabled Children Act 2000 (Commencement No. 1) (Wales) Order 2001.

(2) In this Order “the Act” means the Carers and Disabled Children Act 2000.

Appointed Day

2.  The day appointed for the coming into force of the provisions of the Act specified in the Schedule to this Order is 1st July 2001.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2)

D. Elis-Thomas

The Presiding Officer of the National Assembly for Wales

12th June 2001

Article 2

SCHEDULE PROVISIONS OF THE ACT COMING INTO FORCE ON 1st July 2001

• Section 1 (Right of carers to assessment)

• Section 2 (Services for carers)

• Section 4 (Assessments and services for both carer and person cared for)

• Section 5 (Direct payments)

• Section 6 (Assessments: persons with parental responsibility for disabled children)

• Section 7(1) in so far as it inserts section 17A into the Children Act 1989, and section 7(2) and (3) (Direct payments to disabled children and persons with parental responsibility for them)

• Section 8 (Charging)

• Section 9 except in so far as the provisions inserted by it refer to the provision of vouchers (minor and consequential amendments)

• Section 10 (Financial provision)

• Section 11 except for subsection (4) (Interpretation and regulation).

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st July 2001 certain provisions of the Carers and Disabled Children Act 2000 (“the Act”) in relation to Wales.

It brings into force section 1 which creates a right of carers (as defined in this section) to an assessment; section 2 which enables local authorities to provide services to carers; section 4 which amends the Carers (Recognition and Services) Act 1995(3) so as to allow an assessment under sections 1 or 6 of the Act to be taken into account when making an assessment under the 1995 Act; section 5 which amends the Community Care (Direct Payments) Act 1996(4) so as to allow direct payments to be made to carers (as defined in section 1) for carers' services (as defined in section 2); section 6 which creates a right of persons with parental responsibility for a disabled child to an assessment; section 7(1) in so far as it inserts section 17A into the Children Act 1989(5) which allows direct payments to be made to persons with parental responsibility for a disabled child and to 16 and 17 year old disabled children, and section 7(2) and (3).

The Order also brings into force sections 8 to 11 (inclusive) (except to the extent that the provisions inserted by section 9 refer to the provision of vouchers, and section 11(4) which relates to regulations made by the Secretary of State), which contain provision as to charging for carers' services, minor and consequential amendments, financial provision and interpretation and as to the use of regulation making powers.

This is the first Commencement Order made under the Act in relation to Wales. Certain provisions of the Act have been brought into force in relation to England by S.I. 2001 No. 510 (C.20).

(1)

2000 c. 16.

(2)

1998 c. 38.

(3)

1995 c. 12.

(4)

1996 c. 30.

(5)

1989 c. 41.