46. The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.E+W
Commencement Information
I1Reg. 46 in force at 6.4.2016, see reg. 2(1)
47. In section 2(5) (rights of authorised representatives of disabled persons)—E+W
(a)in paragraph (b)(1), for “Part III of the 1948 Act or Part 1 of the Care Act 2014” substitute “Part 1 of the Care Act 2014 or Part 4 of the Social Services and Well-being (Wales) Act 2014”;
(b)in paragraph (bb)(2) after “Part III of the Children Act 1989” insert “, or under Part 6 of the Social Services and Well-being (Wales) Act 2014”;
(c)in paragraph (c)(3), for “section 26 of the 1948 Act or Part 1 of the Care Act 2014” substitute “Part 1 of the Care Act 2014 or, in Wales, in compliance with a local authority’s duty to meet the needs of the disabled person pursuant to Part 4 of the Social Services and Well-being (Wales) Act 2014”; and
(d)in paragraph (cc)(4) after “under section 17 of the Children Act 1989” insert “, or under Part 4 of the Social Services and Well-being (Wales) Act 2014”.
Commencement Information
I2Reg. 47 in force at 6.4.2016, see reg. 2(1)
48. In section 3 (assessment by local authorities in Wales or Scotland of needs of disabled persons)—E+W
(a)in subsection (1)(5) omit “Wales or”;
(b)in the heading to the section(6) omit “Wales or”.
Commencement Information
I3Reg. 48 in force at 6.4.2016, see reg. 2(1)
49. In section 4(7) (services under section 2 of the Chronically Sick and Disabled Persons Act 1970: duty to consider needs of disabled persons)—E+W
(a)in subsection (1)—
(i)after “local authority” insert “in England”;
(ii)for “section 2(1) or (4)” substitute “section 2(4)”;
(b)in subsection (2) omit “In the case of a local authority in England”.
Commencement Information
I4Reg. 49 in force at 6.4.2016, see reg. 2(1)
50. In section 8 (duty of local authority in Wales or Scotland to take into account abilities of carer)—E+W
(a)in subsection (1)(b)(8) omit “Wales or”;
(b)in the heading to the section(9) omit “Wales or”.
Commencement Information
I5Reg. 50 in force at 6.4.2016, see reg. 2(1)
51. In section 16(1) (interpretation)E+W
(a)in the definition of “disabled person”, for paragraph (a)(10) substitute—
“(a)in relation to Wales means a person who is disabled within the meaning of section 3 of the Social Services and Well-being (Wales) Act 2014; and”;
(b)in the definition of “local authority”—
(i)after “1970” insert “or the Social Services and Well-being (Wales) Act 2014”;
(ii)for “that Act” substitute “the 1970 Act”;
(c)in the definition of “the welfare enactments”—
(i)omit “Part III of the 1948 Act, section 2 of the 1970 Act and”;
(ii)in paragraph (za)(11), after “England,” insert “section 2 of the 1970 Act,”;
(iii)in paragraph (a)(12), for the words from “Schedule 15” to the end of the paragraph insert “Parts 4 and 6 of the Social Services and Well-being (Wales) Act 2014”;
(d)for subsection (2)(13) substitute—
“(2) In this Act as it applies in relation to England, any reference to a child who is looked after by a local authority has the same meaning as in Part 3 of the Children Act 1989.
(2ZA) In this Act as it applies in relation to Wales, any reference to a child who is looked after by a local authority has the same meaning as in Part 6 of the Social Services and Well-being (Wales) Act 2014.”
Commencement Information
I6Reg. 51 in force at 6.4.2016, see reg. 2(1)
Section 2(5)(b) was amended by S.I. 2015/914, Schedule, paragraphs 36, 37(a).
Section 2(5)(bb) was inserted by the Children Act 1989, Schedule 13, paragraph 59(3).
Section 2(5)(c) was amended by S.I. 2015/914, Schedule, paragraphs 36, 37(b).
Section 2(5)(cc) was inserted by the Children Act 1989, Schedule 13, paragraph 59(4).
Section 3(1) was amended by S.I. 2015/914 Schedule, paragraphs 36, 38(1).
The heading to section 3 was amended by S.I. 2015/914, Schedule, paragraphs 36, 38(2).
Section 4 was amended by S.I. 2015/914, Schedule, paragraphs 36, 39(1), (2), (3) and (4).
Section 8(1)(b) was amended by S.I. 2015/914, Schedule, paragraphs 36, 40(1).
The heading to section 8 was amended by S.I. 2015/914, Schedule, paragraphs 36, 40(2).
Paragraph (a) in the definition of “disabled person” was amended by the Children Act 1989, Schedule 13, paragraph 61 and by S.I. 2015/914, Schedule, paragraphs 36, 41(1), (3).
Paragraph (za) in the definition of “welfare enactments” was inserted by S.I. 2015/914, Schedule, paragraphs 36, 41(1), (4).
Paragraph (a) in the definition of “welfare enactments” was amended by S.I. 2015/914, Schedule, paragraphs 36, 41(1), (5) and by the Children Act 1989, Schedule 13, paragraph 61.
Section 16(2) was inserted by the Children Act 1989, Schedule 13, paragraph 61.