The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004

Welsh Statutory Instruments

2004 No. 1748 (W.185)

SOCIAL SERVICES, WALES

The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004

Made

8 July 2004

Coming into force

1 November 2004

The National Assembly for Wales, in exercise of powers conferred by sections 57(1), (3), (6) and (7) and 64(6) and (8) of the Health and Social Care Act 2001(1) and sections 17A(1), (3) and (4) and 104(4) of the Children Act 1989(2) hereby makes the following Regulations:

(1)

2001 c. 15. Section 66 of the 2001 Act defines “regulations” as “regulations made by the relevant authority”, and “relevant authority” as the National Assembly for Wales in relation to Wales (and the Secretary of State in relation to England). See section 57(8) of the 2001 Act for the definition of “prescribed”.

(2)

1989 c. 41. Section 17A of the 1989 Act was substituted by section 58 of the 2001 Act. The power to make regulations under section 17A is conferred upon the Secretary of State. By virtue of section 68(1) of the 2001 Act, the reference to the 1989 Act in the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) shall be treated as a reference to that Act as amended by the 2001 Act. Accordingly, the powers of the Secretary of State under section 17A of the 1989 Act so far as exercisable in relation to Wales are exercisable by the Assembly: see Article 2(a) of, and the entry in respect of the 1989 Act in Schedule 1 to, the 1999 Order. See section 17A(6) of the 1989 Act for the definition of “prescribed”.