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The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016

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  1. Introductory Text

  2. 1.Title and commencement

  3. 2.Revocations and disapplication

  4. 3.Consequential amendments

  5. 4.Savings and transitional provision

  6. Signature

    1. SCHEDULE 1

    2. SCHEDULE 2

    3. SCHEDULE 3

      1. PART 1 Amendments to secondary legislation referencing primary legislation repealed by the 2014 Act

        1. 1.Local Government (Compensation) Regulations 1974

        2. 2.Fire Services (Compensation) Regulations 1974

        3. 3.Police (Compensation) Regulations 1974

        4. 4.National Health Service (General Ophthalmic Services) Regulations 1986

        5. 5.Council Tax (Liability for Owners) Regulations 1992

        6. 6.National Health Service Pension Scheme Regulations 1995

        7. 7.Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995

        8. 8.In regulation 4 (references to parents) paragraph (1)(e) after “the...

        9. 9.In paragraph 4 of Part 1 of the Appendix to...

        10. 10.Education (Areas to which Pupils and Students Belong) Regulations 1996

        11. 11.Housing Renewal Grants Regulations 1996

        12. 12.In regulation 8 (circumstances in which a person is to...

        13. 13.(1) Regulation 9 (circumstances in which a person is to...

        14. 14.In regulation 19 (treatment of childcare charges) paragraph (8)(b)—

        15. 15.In paragraph 12(1)(a) of Schedule 1 (applicable amounts), sub-paragraph (v)—...

        16. 16.(1) Paragraph 7 of Schedule 1A (applicable amounts for persons...

        17. 17.(1) Schedule 3 (sums to be disregarded in the determination...

        18. 18.(1) Schedule 4 (capital to be disregarded) is amended as...

        19. 19.National Health Service (Optical Charges and Payments) Regulations 1997

        20. 20.In regulation 8 (eligibility – supply of optical appliances) after...

        21. 21.In regulation 22 (signatures and claims for payment) paragraph (1)(c)(i)...

        22. 22.Education (Assisted Places) Regulations 1997

        23. 23.In regulation 3 (references to parents) paragraph (1)(e) after “the...

        24. 24.(1) Paragraph 4 of Schedule 1 (computation of income) is...

        25. 25.Secure Training Centre Rules 1998

        26. 26.In rule 27 (regime activities) paragraph (4)(b) after “the Children...

        27. 27.In rule 30 (after care) paragraph (1) after “the Children...

        28. 28.Education (Publication of Local Authority Inspection Reports) Regulations 1998

        29. 29.Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000

        30. 30.Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 2000

        31. 31.National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000

        32. 32.(1) Regulation 6 (health related functions of local authorities) is...

        33. 33.In regulation 10 (supplementary) paragraph (3) for “section 7B of...

        34. 34.Representation of the People (England and Wales) Regulations 2001

        35. 35.In regulation 31J (anonymous registration: evidence by attestation), paragraph (4)(h)...

        36. 36.(1) Regulation 53 (additional requirement for applications for a proxy...

        37. 37.In the heading for “blindness” substitute “severe sight-impairment”.

        38. 38.Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001

        39. 39.Education (Special Education Needs) (Wales) Regulations 2002

        40. 40.In regulation 12 (time limits and prescribed information) paragraph (7A)...

        41. 41.In regulation 24 (restrictions on disclosure of statements), for paragraph...

        42. 42.Police Act 1997 (Criminal Records) Regulations 2002

        43. 43.In regulation 2 (interpretation) for the definition of “social services...

        44. 44.In regulation 5B (work with adults) for paragraph (1)(e)(i) substitute...

        45. 45.Care Homes (Wales) Regulations 2002

        46. 46.Children’s Homes (Wales) Regulations 2002

        47. 47.Education Standards Grants (Wales) Regulations 2002

        48. 48.Homelessness (Priority Need for Accommodation) (England) Order 2002

        49. 49.In article 1 (citation, commencement and interpretation) paragraph (3)—

        50. 50.(1) Article 3 (children aged 16 or 17) is amended...

        51. 51.Land Registration Rules 2003

        52. 52.In rule 93 (persons regarded as having a sufficient interest...

        53. 53.In Schedule 4 (standard forms of restriction) under the heading...

        54. 54.Education (Mandatory Awards) Regulations 2003

        55. 55.In Schedule 2 (requirements), paragraph 12(1), the definition of “income”...

        56. 56.In Schedule 3 (resources) paragraph 1(1) is amended as follows—...

        57. 57.Education (Admission Forums) (Wales) Regulations 2003

        58. 58.Independent Schools (Provision of Information) (Wales) Regulations 2003

        59. 59.National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

        60. 60.Children and Family Court Advisory and Support Service (Reviewed Case Referral) Regulations 2004

        61. 61.Adoption Support Services (Local Authorities) (Wales) Regulations 2005

        62. 62.Special Guardianship (Wales) Regulations 2005

        63. 63.(1) Regulation 13 (relevant authority for the purposes of sections...

        64. 64.(1) Regulation 14 (functions specified under section 26(3C) of the...

        65. 65.Education (School Inspection) (England) Regulations 2005

        66. 66.National Health Service (General Dental Services Contracts) Regulations 2005

        67. 67.National Health Service (Personal Dental Services Agreements) Regulations 2005

        68. 68.National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006

        69. 69.National Health Service (General Dental Services Contracts) (Wales) Regulations 2006

        70. 70.Staffing of Maintained Schools (Wales) Regulations 2006

        71. 71.Public Services Ombudsman for Wales (Standards Investigations) Order 2006

        72. 72.In Schedule 2 (application of provisions of the 2000 Act...

        73. 73.In Schedule 3 (application of provisions of the 2005 Act...

        74. 74.Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006

        75. 75.In Schedule 1 (offence of failing to remove dog faeces)...

        76. 76.Education (Schools Inspection) (Wales) Regulations 2006

        77. 77.Criminal Defence Service (Financial Eligibility) Regulations 2006

        78. 78.National Assembly for Wales (Representation of the People) Order 2007

        79. 79.In article 8 (absent vote at assembly elections for a...

        80. 80.(1) Schedule 1 (absent voting at assembly elections) is amended...

        81. 81.(1) Schedule 5 (assembly election rules) is amended as follows....

        82. 82.Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007

        83. 83.(1) Schedule 1 (offence of failing to remove dog faeces)...

        84. 84.(1) Schedule 4 (offence of permitting a dog to enter...

        85. 85.Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007

        86. 86.National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007

        87. 87.Regulation 2 (interpretation) paragraph (a) of the definition of “capital...

        88. 88.Regulation 5 (entitlement to full remission and payment) paragraph (2)...

        89. 89.Table B in Schedule 1 (modifications of the Income Support...

        90. 90.In the modification of regulation 18, for paragraph (b) of...

        91. 91.In the modification of paragraph 4 of Schedule 3 for...

        92. 92.(1) In the modification of Schedule 7, paragraph 9 is...

        93. 93.In paragraph 10ZA of the modifications to Schedule 7, for...

        94. 94.Local Authority Adoption Service (Wales) Regulations 2007

        95. 95.In regulation 2 (interpretation) paragraph (1)— (a) omit the definition...

        96. 96.In regulation 14 (arrangements for the protection of children) paragraph...

        97. 97.In paragraph 10 of Schedule 1 (information to be included...

        98. 98.In paragraph 4 of Schedule 2 (information to be included...

        99. 99.Assembly Learning Grant (Further Education) Regulations 2007

        100. 100.Education (School Performance Information) (England) Regulations 2007

        101. 101.Education (Information About Individual Pupils) (Wales) Regulations 2007

        102. 102.National Health Service Pension Scheme Regulations 2008

        103. 103.Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008

        104. 104.Family Proceedings Fees Order 2008

        105. 105.General Ophthalmic Service Contracts Regulations 2008

        106. 106.Primary Ophthalmic Services Regulations 2008

        107. 107.Controlled Drugs (Supervision of Management and Use) (Wales) Regulation 2008

        108. 108.Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 2009

        109. 109.Education (Admission of Looked After Children) (Wales) Regulations 2009

        110. 110.Local Health Boards (Directed Functions) (Wales) Regulations 2009

        111. 111.Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009

        112. 112.Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009

        113. 113.Assembly Learning Grant (Further Education) Regulations 2009

        114. 114.Criminal Defence Service (Contribution Orders) Regulations 2009

        115. 115.Education (Student Support) (European University Institute) Regulations 2010

        116. 116.Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2010

        117. 117.Education (Student Support) (College of Europe) Regulations 2010

        118. 118.Education (Independent Educational Provision in England) (Provision of Information) Regulations 2010

        119. 119.Visits to Children in Long Term Residential Care Regulations 2011

        120. 120.(1) Regulation 2 (interpretation) is amended as follows.

        121. 121.In regulation 3 (frequency of visits) paragraph (1) and regulation...

        122. 122.School Information (Wales) Regulations 2011

        123. 123.Education (Student Support) Regulations 2011

        124. 124.In regulation 42 (interpretation of chapter 4)—

        125. 125.In paragraph 2 (calculation of eligible student’s residual income) sub-paragraph...

        126. 126.Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011

        127. 127.School Admissions (Infant Class Sizes) (England) Regulations 2012

        128. 128.Police and Crime Commissioner Elections Order 2012

        129. 129.Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012

        130. 130.In regulation 2 (application of provisions in the 1989 Act...

        131. 131.After regulation 2 insert the following— The following provisions of the Social Services and Well-being (Wales)...

        132. 132.After regulation 5 (application of provisions etc.) insert the following—...

        133. 133.Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012

        134. 134.In regulation 8 (households) paragraph (2)(a)— (a) omit “or 23(2)(a)”;...

        135. 135.(1) Schedule 1 (pensioners: matters that must be included in...

        136. 136.Schedule 2 (applicable amounts) paragraph 6(4) is amended as follows—...

        137. 137.Paragraph 5(1)(b) of Schedule 4 (sums disregarded from applicant’s earnings)...

        138. 138.Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012

        139. 139.(1) The Schedule (Council Tax Reduction (Default Scheme) 2013) is...

        140. 140.In paragraph 6 (severe disability premium) sub-paragraph (4) of Schedule...

        141. 141.In paragraph 10 (additional condition for the disability premium) sub-paragraph...

        142. 142.In paragraph 5(1)(b) of Schedule 5 (sums disregarded from applicant’s...

        143. 143.(1) Schedule 8 (sums disregarded in the calculation of income...

        144. 144.Civil Legal Aid (Merits Criteria) Regulations 2013

        145. 145.Civil Legal Aid (Remuneration) Regulations 2013

        146. 146.In regulation 2 (interpretation) paragraph (1), in the definition of...

        147. 147.The heading for table 9(a) in Part 3 of Schedule...

        148. 148.National Health Service (Optical Charges and Payments) Regulations 2013

        149. 149.Criminal Legal Aid (Financial Resources) Regulations 2013

        150. 150.Regulation 11 (disposable income: deductions) paragraph (3)(f) is amended as...

        151. 151.Regulation 20 (assessment of resources: gross annual income) paragraph (2)(e)...

        152. 152.In regulation 33 (assessment of resources: gross annual income) paragraph...

        153. 153.Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

        154. 154.In regulation 5 (exceptions from requirement to make a determination...

        155. 155.In regulation 24 (payments to be disregarded from calculation of...

        156. 156.In regulation 40 (certain payments to be disregarded) paragraph (b)(ii)—...

        157. 157.Criminal Legal Aid (Contribution Orders) Regulations 2013

        158. 158.Legal Aid (Information about Financial Resources) Regulations 2013

        159. 159.School Admissions (Infant Class Sizes) (Wales) Regulations 2013

        160. 160.Coroners (Investigations) Regulations 2013

        161. 161.(1) Regulation 24 (providing information to a local safeguarding children...

        162. 162.In regulation 28(4)(b) (report on action to prevent other deaths)—...

        163. 163.Education (Information About Individual Pupils) (England) Regulations 2013

        164. 164.Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2013

        165. 165.In regulation 2(1) (interpretation), in the appropriate place insert the...

        166. 166.In regulation 6 (consultation) paragraph (1)(a) omit “Local”.

        167. 167.Social Services Complaints Procedure (Wales) Regulations 2014

        168. 168.Representations Procedure (Wales) Regulations 2014

        169. 169.(1) Regulation 2 (interpretation) is amended as follows.

        170. 170.(1) Regulation 3 (general principles in handling representations) is amended...

        171. 171.In regulation 8 (specified functions under parts 4 and 5...

        172. 172.In regulation 9 (specified functions under the 2002 Act) paragraph...

        173. 173.(1) Regulation 15 (representations made by “other persons” under section...

        174. 174.Education (European University Institute) (Wales) Regulations 2014

        175. 175.Education (Student Support) (Wales) Regulations 2015

        176. 176.In regulation 31 (grants for dependents — interpretation) paragraph (7)—...

        177. 177.In regulation 75 (interpretation of regulation 74) paragraph (5)(e)(i), regulation...

        178. 178.In regulation 100 (part-time grants for dependents – interpretation) paragraph...

        179. 179.In paragraph 2 (independent eligible student) sub-paragraph (1)(f) of Schedule...

        180. 180.National Health Service (Charges to Overseas Visitors) Regulations 2015

        181. 181.Children’s Homes (England) Regulations 2015

        182. 182.In regulation 2 (interpretation) paragraph (1) in the definition of...

        183. 183.In regulation 22 (contact and access to communications) in paragraph...

        184. 184.In regulation 41 (notification with respect to children admitted into...

        185. 185.Education (Inspection of Nursery Education) (Wales) Regulations 2015

        186. 186.National Health Service (General Medical Services Contracts) Regulations 2015

        187. 187.National Health Service (Personal Medical Services Agreements) Regulations 2015

      2. PART 2 Amendments to secondary legislation referencing secondary legislation revoked or disapplied as a consequence of the provisions of the 2014 Act

        1. 188.Children’s Homes (Wales) Regulations 2002

        2. 189.Non-Contentious Probate Fees Order 2004

        3. 190.Court of Protection Fees Order 2007

        4. 191.Magistrates’ Courts Fees Order 2008

        5. 192.Civil Proceedings Fees Order 2008

        6. 193.Family Proceedings Fees Order 2008

        7. 194.Upper Tribunal (Lands Chamber) Fees Order 2009

        8. 195.Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011

        9. 196.First-tier Tribunal (Property Chamber) Fees Order 2013

      3. PART 3 Amendments to secondary legislation disapplied in relation to Wales

        1. 197.Children (Secure Accommodation) Regulations 1991

        2. 198.For regulation 1A substitute— (1) These regulations do not apply in relation to—

        3. 199.In regulation 8, after “local authority” insert “or local authority...

        4. 200.In regulation 9, after “local authority” insert “or local authority...

        5. 201.In paragraph (b) of regulation 17, after “local authority” insert...

        6. 202.Children and Family Court Advisory and Support Service (Reviewed Case Referral) Regulations 2004

        7. 203.(1) Regulation 3 (extension of the functions of officers) is...

        8. 204.(1) Regulation 4 (manner in which the functions of the...

        9. 205.Omit regulation 5A (appointment of a Welsh family proceedings officer)....

        10. 206.In regulation 6 (inappropriate referral of a case) omit “or...

        11. 207.(1) Regulation 7 (issue of proceedings) paragraph (1) is amended...

        12. 208.In regulation 8 (settlement of the case without a court...

        13. 209.(1) Regulation 9 (report following the conclusion of the case)...

    4. SCHEDULE 4

      Savings and transitional provision

      1. 1.Savings and transitional provision in relation to child practice reviews

  7. Explanatory Note

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