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The Care Act 2014 (Commencement No.2) Order 2014

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Provisions relating to care and support coming into force on 1st October 2014

2.—(1) 1st October 2014 is the day appointed for the coming into force of the following provisions of the Act so far as is necessary for enabling the exercise of any power to make regulations that is conferred by those provisions or an amendment made by them—

(a)section 2(3) and (4) (preventing needs for care and support);

(b)section 12(1) and (2) (assessments under sections 9 and 10: further provision);

(c)section 13(7) and (8) (the eligibility criteria);

(d)section 14(5) to (8) (power of local authority to charge);

(e)section 17(7) and (9) to (13) (assessment of financial resources);

(f)section 22(4)(a) and (6) (exception for provision of health services);

(g)section 23(1)(b) (exception for provision of housing etc);

(h)section 26(4) (personal budget);

(i)section 30 (cases where adult expresses preference for particular accommodation);

(j)section 33(1) and (2) (direct payments: further provision);

(k)sections 34(1), (2) and (4) to (8) (deferred payment agreements and loans) and 35 (deferred payment agreements and loans: further provision);

(l)section 38(8) (case where assessments not complete on day of move);

(m)section 39(1) and (3) (where a person’s ordinary residence is);

(n)section 40(4) (disputes about ordinary residence or continuity of care);

(o)section 52(12) (meaning of business failure);

(p)section 53(1) and (2) (specifying criteria for application of market oversight regime) and section 53(7) (specifying criteria for application of market oversight regime) insofar as it relates to those subsections;

(q)section 55(5) (assessment of financial sustainability of care provider);

(r)section 62(2) (power to meet child’s carer’s needs for support);

(s)section 65(1) (assessments under sections 58 to 64: further provision);

(t)section 67(7) (involvement in assessments, plans etc);

(u)section 75(6) (after-care under the Mental Health Act 1983);

(v)section 77(2) (registers of sight-impaired adults, disabled adults etc);

(w)section 80(1) (interpretation);

(x)paragraphs 1(6) and (7), 2(9) and (10), 4(5) and (6), 5(9) to (11) and 11 of Schedule 1 (cross-border placements) and section 39(8) (where a person’s ordinary residence is) insofar as it relates to those paragraphs;

(y)paragraphs 2(5)(b), 4(6), 6 and 8 of Schedule 3 (discharge of hospital patients with care and support needs) and section 74 (discharge of hospital patients with care and support needs) insofar as it relates to those paragraphs; and

(z)paragraphs 1(10) and (11) of Part 1 of Schedule 4 (after-care under the Mental Health Act 1983: direct payments), and section 75(7) insofar as it relates to those paragraphs.

(2) 1st October 2014 is the day appointed for the coming into force of paragraph 3(4) of Schedule 1 (amendments to the Community Care and Health (Scotland) Act 2002) and section 39(8) (where a person’s ordinary residence is) insofar as it relates to that paragraph.

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