The Care Act 2014 (Commencement No. 4) Order 2015

Commencement of section 75 (after-care under the Mental Health Act 1983) and transitory modifications

7.—(1) 1st April 2015 is the day appointed for the coming into force of—

(a) section 75(1) to (5), (12) and (13) of the Act (after-care under the Mental Health Act 1983);

(b) insofar as they are not already in force, section 75(6) and (7) of, and Part 1 of Schedule 4 to, the Act (after-care under the Mental Health Act 1983: direct payments).

(2) Until section 195 of the SSWWA 2014 (disputes about ordinary residence and portability of care and support) comes into force, in section 75(4) of the Act, the inserted section 117(4)(b) of the 1983 Act is to be read as—

“(b) if the dispute is between local social services authorities in Wales, the dispute is to be determined by the Welsh Ministers;”.

(3) 1st April 2015 is the day appointed for the coming into force of section 75(11) of the Act except insofar as paragraph (a) of that subsection substitutes provisions of section 117(2C) of the 1983 Act relating to Wales.

(4) Until section 50 of the SSWWA 2014 (direct payments to meet an adult’s needs) comes into force, section 75(11)(a) of the Act is to be read as if the inserted sub-paragraph (ii) (but not the “or” after it) were omitted.

(5) Until section 143 of the SSWWA 2014 (social services functions of local authorities) comes into force, in section 75(13) of the Act, the inserted paragraph (b) of the definition of “local social services authority” is to be read as—

“(b) a council in Wales which is a local authority for the purposes of the Local Authority Social Services Act 1970.”.