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

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Provisions coming into force on 1st April 2015

2.  1st April 2015 is the day appointed for the coming into force of the following provisions of the Act insofar as they are not already in force—

(a)sections 1 (promoting individual well-being) to 13 (the eligibility criteria);

(b)section 14(1) and (3) to (8) (power of local authority to charge);

(c)subject to the modification made by article 7(2) of the Care Act 2014 (Commencement No. 2) Order 2014(1), section 17 (assessment of financial resources) apart from subsection (2);

(d)sections 19 (power to meet needs for care and support) to 23 (exception for provision of housing etc.);

(e)section 24(1) and (2) (the steps for the local authority to take);

(f)section 25 (care and support plan, support plan);

(g)section 26(1), (3) and (4) (personal budget);

(h)section 27 (review of care and support plan or of support plan);

(i)sections 30 (cases where adult expresses preference for particular accommodation) to 35 (deferred payment agreements and loans: further provision);

(j)section 37(1), (3), (4), (5) (apart from subsection (5)(b), (c) and (d)) and (6) to (15) (notification, assessment, etc.);

(k)section 38 apart from subsection (1)(b) (case where assessments not complete on day of move);

(l)section 39(1) to (7) (where a person’s ordinary residence is) and, insofar as it relates to the provisions referred to in paragraph (x), section 39(8);

(m)sections 40 (disputes about ordinary residence or continuity of care) to 42 (enquiry by local authority);

(n)section 43 and Schedule 2 (Safeguarding Adults Boards);

(o)sections 44 (safeguarding adults reviews) to 47 (protecting property of adults being cared for away from home);

(p)sections 48, 49 and 51 (provider failure) and, insofar as it relates to those sections, section 52 (sections 48 to 51: supplementary) apart from subsection (14);

(q)sections 58 (assessment of a child’s need for care and support) to 70 (transfer of assets to avoid charges);

(r)section 73 (Human Rights Act 1998: provision of regulated care or support etc. a public function);

(s)section 74 and Schedule 3 (discharge of hospital patients with care and support needs);

(t)sections 76 (prisoners and persons in approved premises etc.) to 79 (delegation of local authority functions);

(u)insofar as it relates to provisions commenced by this Order, section 80 (Part 1: interpretation);

(v)sections 82 (warning notice) and 83 (imposition of licence conditions on NHS foundation trusts);

(w)sections 92 to 94 (false or misleading information);

(x)in Schedule 1 (cross-border placements)—

(i)paragraphs 1 (placements from England), 2(1), (9) and (10) (placements from Wales), 3 to 8 (placements from Scotland, Northern Ireland, etc.), 11 (regulations), 12 (interpretation) and 14(1), (2) and (5) to (7) (transitory modifications);

(ii)insofar as it relates to paragraph 2(1) of Schedule 1, paragraph 14(3).

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