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Social Services and Well-being (Wales) Act 2014

Changes over time for: Section 191

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Social Services and Well-being (Wales) Act 2014, Section 191 is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 162(4)(ga) inserted by 2022 asc 1 Sch. 4 para. 30(2)(b)
  • s. 163(4A) inserted by 2014 c. 23 s. 75(10) (Effect inserting (4) not applied at s. 163 as it appears to relate to s. 194 in view of the title of the section as cited i.e. "ordinary residence". In s. 194 another (4), identically worded, is inserted on the same date by S.I. 2016/413, regs. 2(1), 316(a))

191Provider failure: supplementaryE+W

This section has no associated Explanatory Notes

(1)A local authority becomes subject to the duty under section 189(2) as soon as it becomes aware of the business failure.

(2)Section 34 (how to meet needs) and sections 46 to 49 (meeting needs: exceptions and restrictions) apply to meeting needs under section 189 as they apply to meeting needs under sections 35 to 45.

(3)Regulations may make provision about the persons whom the local authority must involve in connection with meeting needs under section 189(2).

(4)Where a person whose needs are being met by a local authority under section 189(2) is also being provided with continuing NHS care under arrangements made by a Local Health Board no part of whose area is in the local authority's area, the Local Health Board is to be treated as a relevant partner of the authority for the purposes of sections 162 and 164.

(5)In subsection (4) “continuing NHS care” means services or facilities provided by virtue of sections 3(1)(e) and 12 of the National Health Service (Wales) Act 2006.

(6)Where a local authority considers it necessary to do so for the purpose of carrying out its duty under section 189(2), it may request the [F1service provider, or such other person involved in the service provider's] business as it considers appropriate, to provide it with information.

(7)Regulations must make provision for the purposes of section 189 and this section as to the interpretation of references to business failure or to being unable to do something because of business failure; and the regulations may, in particular, specify circumstances in which a person is to be treated as unable to [F2provide a regulated service] because of business failure.

Textual Amendments

Commencement Information

I1S. 191 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)

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