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Care Act 2014

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This is the original version (as it was originally enacted).

Dispute resolution

This section has no associated Explanatory Notes

5(1)Any dispute about the application of any of paragraphs 1 to 4 to an adult’s case is to be determined in accordance with this paragraph.

(2)If the dispute is between a local authority in England and a local authority in Wales, it is to be determined by the Secretary of State or the Welsh Ministers.

(3)If the dispute is between a local authority in England and a local authority in Scotland, it is to be determined by the Secretary of State or the Scottish Ministers.

(4)If the dispute is between a local authority in England and a Health and Social Care trust, it is to be determined by the Secretary of State or the Northern Ireland Department.

(5)If the dispute is between a local authority in Wales and a local authority in Scotland, it is to be determined by the Welsh Ministers or the Scottish Ministers.

(6)If the dispute is between a local authority in Wales and a Health and Social Care trust, it is to be determined by the Welsh Ministers or the Northern Ireland Department.

(7)If the dispute is between a local authority in Scotland and a Health and Social Care trust, it is to be determined by the Scottish Ministers or the Northern Ireland Department.

(8)In Article 36 of the Health and Personal Social Services (Northern Ireland) Order 1972, after paragraph (2) insert—

(2A)Any question under this Order as to the ordinary residence of a person is to be determined by the Department.

(9)Regulations must make provision for determining which of the persons concerned is to determine the dispute; and the regulations may, in particular, provide for the dispute to be determined by whichever of them they agree is to do so.

(10)Regulations may make provision for the determination of disputes between more than two parties.

(11)Regulations may make further provision about determination of disputes under this paragraph or under regulations under sub-paragraph (10); the regulations may, for example, include—

(a)provision requiring parties to a dispute to take specified steps before referring the dispute for determination under this paragraph;

(b)provision about the procedure for referring the dispute under this paragraph.

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