SCHEDULE 1PERSONS EXCLUDED FROM DIRECT PAYMENTS

Regulations 2, 3 and 4

This Schedule applies to a person if they are—

a

subject to a drug rehabilitation requirement, as defined by section 209 of the Criminal Justice Act 200326, imposed by a community order within the meaning of section 177 of that Act, or by a suspended sentence of imprisonment, within the meaning of section 189 of that Act;

b

subject to an alcohol treatment requirement as defined by section 212 of the Criminal Justice Act 2003, imposed by a community order, within the meaning of section 177 of that Act, or by a suspended sentence of imprisonment, within the meaning of section 189 of that Act;

c

released on licence under Part 2 of the Criminal Justice Act 199127, Chapter 6 of Part 12 of the Criminal Justice Act 2003 or Chapter 2 of the Crime (Sentences) Act 199728 subject to a non standard licence condition requiring the offender to undertake offending behaviour work to address drug or alcohol related behaviour;

d

required to submit to treatment for their drug or alcohol dependency by virtue of a community rehabilitation order within the meaning of section 41 of the Powers of Criminal Courts (Sentencing) Act 2000 or a community punishment and rehabilitation order within the meaning of section 51 of that Act29;

e

subject to a drug treatment and testing order imposed under section 52 of the Powers of Criminal Courts (Sentencing) Act 200030;

f

required to submit to treatment for their drug or alcohol dependency by virtue of a requirement of a probation order within the meaning of sections 228 to 230 of the Criminal Procedure (Scotland) Act 1995 or subject to a drug treatment and testing order within the meaning of section 234B of that Act31; or

g

released on licence under section 22 or 26 of the Prisons (Scotland) Act 198932 or under section 1 or 1AA of the Prisoners and Criminal Proceedings (Scotland) Act 199333 and subject to a condition that they submit to treatment for their drug or alcohol dependency.

SCHEDULE 2ENACTMENTS UNDER WHICH AN OBLIGATION TO RECEIVE RELEVANT SERVICES MAY BE IMPOSED AND IN RESPECT OF WHICH DIRECT PAYMENTS MAY BE MADE

Regulations 7 and 8

The enactments referred to in regulations 7(1)(a) and 8(4)(a) are —

a

Part 1 of Schedule 1A to the Criminal Procedure (Insanity) Act 196434;

b

section 8, 17 or 17B of the 1983 Act or section 40(2) read with section 8 of that Act35;

c

section 57A of or Schedule 4 to the Criminal Procedure (Scotland) Act 199536;

d

section 41, 53, 127, 179, 221 or 224 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or section 66 read with section 64 or 65 of that Act37;

e

section 177 or 189 of the Criminal Justice Act 2003 insofar as those sections relate to a person who is subject to a mental health treatment requirement as defined by section 207 of that Act38;

f

section 41 or 51 of the Powers of Criminal Courts (Sentencing) Act 2000 insofar as those sections relate to a person who is required to submit to treatment for their mental condition;

g

sections 228 to 230 of the Criminal Procedure (Scotland) Act 1995 insofar as they relate to a person who is required to submit to treatment for their mental condition;

h

section 22 or 26 of the Prisons (Scotland) Act 1989 insofar as those sections relate to a person who is subject to a condition that they submit to treatment for their mental condition;

i

section 12 of the Prisoners and Criminal Proceedings (Scotland) Act 199339 insofar it relates to a person who is subject to a condition that they submit to treatment for their mental condition; and

j

section 37(4) of the Criminal Justice Act 1991 insofar as it relates to a person who is subject to a condition that they submit to treatment for their mental condition40.

SCHEDULE 3REVOCATIONS

Regulation 20

Statutory Instrument

Statutory Instrument Number

Extent

The Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003

2003/762

The whole Regulations

The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005

2005/2078

Paragraph 25 of Schedule 2

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005

2005/2114

In Article 2(4) the words, “, and amendment of the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003”

Paragraph 5 of Schedule 4

The Mental Health Act 2007 (Consequential Amendments) Order 2008

2008/2828

Article 18