The Serious Organised Crime and Police Act 2005 (Commencement No. 16) Order 2020

Citation, interpretation and extent

1.—(1) This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 16) Order 2020.

(2) In this Order—

“NHS health services” means—

(a)

in relation to England, any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service Act 2006 (Secretary of State’s duty to promote comprehensive health service)(1); and

(b)

in relation to Wales, any kind of health services provided as part of the health service continued under section 1(1) of the National Health Service (Wales) Act 2006 (Welsh Ministers’ duty to promote health service)(2);

“social care services” means—

(a)

in relation to England—

(i)

adult social services as defined in section 97(1) of the Health and Social Care Act 2008 (general interpretation)(3) and services which are the same as services which could be provided by a local authority in exercise of any of its adult social services functions as defined in section 97(1) of the Health and Social Care Act 2008, whoever provides them; and

(ii)

services provided or commissioned in relation to children by a local authority in the exercise of its social services functions as defined in section 1A of the Local Authority Social Services Act 1970 (meaning of “social services functions”)(4) and the duties described in sections 23C to 24D of the Children Act 1989 (duties in relation to relevant former children and other young persons)(5);

(b)

in relation to Wales, services provided or commissioned by a local authority in Wales in the exercise of its social services functions as defined in section 143 of, and Schedule 2 to, the Social Services and Well-being (Wales) Act 2014 (social services functions of local authorities)(6) and services which are the same as services which could be provided by a local authority in Wales in exercise of any of its social services functions, whoever provides them.

(3) This Order extends to England and Wales.

(1)

2006 c. 41. Section 1 was substituted by section 1 of the Health and Social Care Act 2012 (c. 7).

(2)

2006 c. 42.

(3)

2008 c. 14. Section 97(1) was amended by paragraphs 154 and 166 of Schedule 5 and paragraphs 108 and 109 of Schedule 14 to the Health and Social Care Act 2012 and S.I. 2012/961.

(4)

1970 c. 42. Section 1A was inserted by section 102(3) of the Local Government Act 2000 (c. 22).

(5)

1989 c. 41. Section 23C was inserted by section 2(1) and (4) of the Children (Leaving Care) Act 2000 (c. 35) and amended by section 21(1) to (3) of the Children and Young Persons Act 2008 (c. 23) and S.I. 2016/413. Section 23CZA was inserted by section 98(1) and (2) of the Children and Families Act 2014 (c. 6) and amended by S.I. 2016/413. Section 23CZB was inserted by section 3(1) and (2) of the Children and Social Work Act 2017 (c. 16). Section 23CA was inserted by section 22(2) of the Children and Young Persons Act 2008 and amended by section 3(1) and (3) of the Children and Social Work Act 2017 and S.I. 2016/413. Sections 23D and 23E were inserted by section 3 of the Children (Leaving Care) Act 2000. Section 23D was amended by section 23(1) of the Children and Young Persons Act 2008, section 3(1) and (4) of the Children and Social Work Act 2017 and S.I. 2016/413. Section 23E was amended by section 3 of the Children and Social Work Act 2017, section 22(3), (4) and (5) of the Children and Young Persons Act 2008, section 82 of, and paragraph 65(1) and (2) of Schedule 3 to, the Children and Families Act 2014 and S.I. 2016/413. Sections 24 to 24C were inserted by section 4(1) of the Children (Leaving Care) Act 2000. Section 24 was amended by section 139(1) of, and paragraphs 50, 54 and 60 of Schedule 3 to, the Adoption and Children Act 2002 (c. 38), section 55(2) of, and paragraphs 47 and 49(a) of Schedule 5 to, the Health and Social Care Act 2012 (c. 7), section 34 of, and paragraphs 75 and 76 of Schedule 4 to, the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), S.I. 2007/961, S.I. 2010/1158 and S.I. 2016/413. Section 24A was amended by sections 116(3) and 139(1) of, and paragraphs 54 and 61 of Schedule 3 to, the Adoption and Children Act 2002 and S.I. 2006/413. Section 24B was amended by section 139(1) of, and paragraphs 54 and 62 of Schedule 3 to, the Adoption and Children Act 2002, section 23(2) of the Children and Young Persons Act 2008 and S.I. 2016/413. Section 24C was amended by section 55(2) of, and paragraphs 47 and 50 of Schedule 5 to, the Health and Social Care Act 2012, section 34 of, and paragraphs 75 and 77 of Schedule 4 to, the Health and Social Care (Community Health and Standards) Act 2003, S.I. 2007/961, S.I. 2010/1158 and S.I. 2016/413. Section 24D was inserted by section 5 of the Children (Leaving Care) Act 2000 and amended by section 117(1) of the Adoption and Children Act 2002 and S.I. 2016/413.

(6)

2014 anaw 4. Schedule 2 was amended by paragraph 22 of Schedule 3 to the Housing Wales Act 2014 (2014 anaw 7) and S.I. 2016/413.