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Statutory Instruments

1996 No. 693

SOCIAL SERVICES, ENGLAND AND WALES

The Isles of Scilly (Carers) Order 1996

Made

11th March 1996

Laid before Parliament

11th March 1996

Coming into force

1st April 1996

The Secretary of State for Health, in exercise of the power conferred by section 3 of the Carers (Recognition and Services) Act 1995(1) and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Isles of Scilly (Carers) Order 1996 and shall come into force on 1st April 1996.

Application of section 1 of the Carers (Recognition and Services) Act 1995 to the Isles of Scilly

2.  Section 1 of the Carers (Recognition and Services) Act 1995 shall apply to the Isles of Scilly as if the Council of the Isles of Scilly(2) were a local authority within the meaning of that section.

Signed by authority of the Secretary of State for Health

John Bowis

Parliamentary Under Secretary of State

Department of Health

11th March 1996

Explanatory Note

(This note is not part of the Order)

This Order provides that section 1 of the Carers (Recognition and Services) Act 1995 (“the Act”) applies to the Isles of Scilly as if the Council of the Isles of Scilly were a local authority for the purposes of that section.

The Act provides that, where a local authority are to decide whether the needs of a person call for the provision of community care services and a carer so requests, the local authority must assess that carer’s ability to provide and to continue to provide care to that person and shall take the results of that assessment into account when making their decision. For these purposes a carer is a person who provides or intends to provide a substantial amount of care to the person on a regular basis but not pursuant to a contract nor as a volunteer for a voluntary organisation.

(2)

See section 265 of the Local Government Act 1972 (c. 70).