The Isles of Scilly (Community Care) Order 1993

Statutory Instruments

1993 No. 570

SOCIAL SERVICES, ENGLAND AND WALES

The Isles of Scilly (Community Care) Order 1993

Made

9th March 1993

Coming into force

1st April 1993

The Secretary of State for Health, in exercise of the powers conferred on her by section 67(6) of the National Health Service and Community Care Act 1990(1) and section 2(5) of the Community Care (Residential Accommodation) Act 1992(2), and of all other powers enabling her in that behalf, hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Isles of Scilly (Community Care) Order 1993 and shall come into force on 1st April 1993.

Application of specified community care provisions to the Isles of Scilly

2.—(1) The provisions specified in paragraph (2) of this article shall apply to the Isles of Scilly with the modification that, in their application to those Isles, any reference to a local authority shall be construed as including a reference to the Council of the Isles of Scilly(3).

(2) The provisions referred to in paragraph (1) of this article are—

(a) sections 42 to 50 of the National Health Service and Community Care Act 1990(4)(community care: England and Wales);

(b) section 1 of the Community Care (Residential Accommodation) Act 1992 (arrangements for provision of residential accommodation in premises managed by voluntary organisations etc.).

Revocation

3.  The Isles of Scilly (Community Care) Order 1991(5) is hereby revoked.

Signed by authority of the Secretary of State for Health

Tim Yeo

Parliamentary Under Secretary of State

Department of Health

9th March 1993

Explanatory Note

(This note is not part of the Order)

This Order extends, with appropriate modification of the references to a local authority, Part III of the National Health Service and Community Care Act 1990 and section 1 of the Community Care (Residential Accommodation) Act 1992 to the Isles of Scilly as from 1st April 1993 (article 2). Both Part III of the 1990 Act and section 1 of the 1992 Act contain amendments to Part III of the National Assistance Act 1948, and Part III of the 1990 Act also contains amendments to the Local Authority Social Services Act 1970 and to Part VII of the Health and Social Services and Social Security Adjudications Act 1983. Part III of the 1990 Act also makes provision for the preparation by local authorities of plans for community care services, for the assessment by them of people’s needs for community care services and for the transfer of staff from health authorities to local authorities. The previous Order which extended most of Part III of the 1990 Act to the Isles of Scilly is revoked (article 3).

(1)

1990 c. 19.

(2)

1992 c. 49.

(3)

See section 265 of the Local Government Act 1972 (c. 70).

(4)

Section 42 of the 1990 Act was amended by section 1 of the Community Care (Residential Accommodation) Act 1992.

(5)

S.I. 1991/552.