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Down Syndrome Act 2022

Contents

Commentary on provisions of Act

Section 1: Guidance on meeting the needs of persons with Down syndrome:

  1. Subsection (1) imposes on the Secretary of State a duty to give guidance to relevant authorities on steps it would be appropriate to take in order to meet the needs of people with Down syndrome when exercising relevant functions. The meaning of "relevant authorities" and "relevant functions" is included in the Schedule to the Act.
  2. Subsection (2) imposes on relevant authorities a duty to have due regard to the guidance in the exercise of relevant functions.
  3. Subsection (3) sets out that before giving the guidance, the Secretary of State must consult with such persons as the Secretary of State considers appropriate.
  4. Subsection (4) places a duty on the Secretary of State to publish the guidance in a manner that the Secretary of State considers appropriate.
  5. Subsection (5) imposes a duty on the Secretary of State to lay any guidance under section 1 before Parliament once it is published.
  6. Subsection (6) sets out that the Secretary of State may revise the guidance from time to time. It states that subsections (2) to (5) also apply in relation to any revised guidance – that is, the requirement for relevant authorities to have due regard, the requirement to consult, and the requirement to publish the revised guidance in an appropriate manner and lay it before Parliament.
  7. Subsection (7) directs the reader to the Schedule, for meaning of "relevant authorities" and "relevant functions" in respect of the Act.

Section 2: Extent, commencement and short title:

  1. Subsection (1) states that the Act extends to England and Wales. Note that the Schedule further limits the application of the Act to England only.
  2. Subsection (2) sets out when the Act will come into force. The provisions of the Act come into force on the day stated in regulations made by the Secretary of State.
  3. Subsection (3) states the Act’s short title as "The Down Syndrome Act 2022".

Schedule 1: Relevant authorities and relevant functions

Paragraph 1: Introductory

  1. Paragraph 1 states that paragraphs 2–5 set out the meanings of "relevant authority" and "relevant functions" for the purposes of the Act.

Paragraph 2: National Health Service

  1. Sub-paragraph (1) sets out which authorities this paragraph applies to; including: (a) the National Health Service Commissioning Board, (b) a clinical commissioning group, (c) a Special Health Authority established under section 28 of the National Health Service Act 2006, (d) a National Health Service trust established under section 25 of that Act, and (e) an NHS foundation trust
  2. Sub-paragraph (2) states that the relevant functions of a National Health Service authority in sub-paragraph (1) are all of its functions that are exercisable in or in relation to England.

Paragraph 3: Social care

  1. Sub-paragraph (1) sets out which authorities this paragraph applies to; including: (a) a county council in England, (b) a district council for an area in England for which there is no county council, (c) a London borough council, (d) the Common Council of the City of London, and (e) the Council of the Isles of Scilly.
  2. Sub-paragraph (2) states the relevant functions for an authority under this paragraph, which are:
    1. its functions under section 117 of the Mental Health Act 1983 (e.g. providing after-care to patients following their discharge from hospital);
    2. its functions that are referred to in section 50(2) of the Children Act 2004 (e.g. the provision of social care services and support to children);
    3. its functions under Part 1 of the Care Act 2014 (e.g. the provision of care and support);
    4. its functions under Part 3 of the Children and Families Act 2014 (e.g ensuring the needs of children and young people with special educational needs or disabilities are met).

Paragraph 4: Housing

  1. Sub-paragraph (1) sets out which authorities this paragraph applies to; including: (a) a district council in England, (b) a county council for an area in England for which there is no county council, (c) a London borough council, (d) the Common Council of the City of London, and (e) the Council of the Isles of Scilly .
  2. Sub-paragraph (2) states the relevant functions for an authority under this paragraph, which are:
    1. its functions under Part 2 of the Housing Act 1985 (provision of housing);
    2. its functions under Part 6 of the Housing Act 1996 (allocation of housing);
    3. its functions under Part 7 of the Housing Act 1996 (homelessness assistance).

Paragraph 5: Education and youth offending

  1. Sub-paragraph (1) sets out which authorities this paragraph applies to including: (a) the governing body of a school in England, (b) the governing body of an institution in England within the further education sector, (c) the proprietor of an Academy, (d) the management committee of a pupil referral unit in England, (e) the proprietor of an institution in England approved by the Secretary of State under section 41 of the Children and Families Act 2014, (f) providers of relevant early years education in England, (g) youth offending teams in England, and (h) persons in charge of relevant youth accommodation in England.
  2. Sub-paragraph (2) states that the relevant functions for an authority under this paragraph are those under Part 3 of the Children and Families Act 2014.
  3. Sub-paragraph (3) further states that words and expressions in sub-paragraph (1) have the same meaning as in section 77(1) of the Children and Families Act 2014.

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