The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2007

Statutory Instruments

2007 No. 725

national assistance services, england

The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2007

Made

7th March 2007

Laid before Parliament

13th March 2007

Coming into force

9th April 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 22(4) of the National Assistance Act 1948(1) and now vested in her(2) and by section 22(5) of that Act:

(1)

1948 c.29; section 22(5) was amended by section 20 of, and paragraph 2(1) of Schedule 4 to, the Social Security Act 1980 (c.30) and section 86 of, and paragraph 32 of Schedule 10 to, the Social Security Act 1986 (c. 50). The functions of the Secretary of State under section 22, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (“the 1999 Order”), article 2; see the entry for the 1948 Act in Schedule 1 to the 1999 Order. As respects Scotland, the powers of the Secretary of State to make regulations under section 22 of the 1948 Act are applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968 (c. 49) (“the 1968 Act”) (as amended by section 28(1)(c) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp. 13) (“the 2003 Act”)), to persons for whom accommodation is provided under either the 1968 Act or section 25 of the 2003 Act; see however section 53 of the Scotland Act 1998 (c. 46) (“the 1998 Act”), which provides that functions of a Minister of the Crown under an Act passed before the 1998 Act, in so far as they are exercisable within devolved competence, shall be exercisable by the Scottish Ministers instead of by the Minister of the Crown. The powers to make regulations under section 22(5) of the 1948 Act are within devolved competence for the purposes of section 53 of the 1998 Act.

(2)

See article 2 of the Secretary of State for Social Services Order 1968 (S.I. 1968/1699), which transferred all functions of the Minister of Health to the Secretary of State.