The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) (Amendment) Regulations 2011
Title, commencement, interpretation and application1.
(1)
The title of these Regulations is the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) (Amendment) Regulations 2011 and they come into force on 2 August 2011.
(2)
(3)
These Regulations apply in relation to Wales.
Amendment of the explanatory note to the principal Regulations2.
In the explanatory note to regulation 7 of the principal Regulations, in the Welsh text, for “gweithredu ar ran person” substitute “bod yn ddirprwywr i berson”.
Amendment of regulation 7 of the principal Regulations3.
(1)
Regulation 7 of the principal Regulations (prescribed powers for surrogates) is amended in accordance with the following paragraphs of this regulation.
(2)
In the Welsh text—
(a)
in the heading, for “lladmeryddion” substitute “dirprwywyr”, and
(b)
for “lladmerydd” substitute “dirprwywr”.
(3)
In the English text, for “lladmerydd” substitute “dirprwywr”.
Amendment of regulation 9 of the principal Regulations4.
(1)
Regulation 9 of the principal Regulations (direct payments under section 57(1A) of the 2001 Act) is amended in accordance with the following paragraphs of this regulation.
(2)
In paragraph (2)(a)(iii), in the Welsh text, for “ladmerydd” substitute “ddirprwywr”.
(3)
In paragraph (4)(a), in the Welsh text, omit “neu adran 17A(1) o Ddeddf 1989”.
Amendment of regulation 10 of the principal Regulations5.
In regulation 10 of the principal Regulations (amount and payment of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act), in paragraph (2), in the Welsh text—
(a)
for “P”, in the first place it appears, substitute “y person rhagnodedig”, and
(b)
for “P”, in the second place it appears, substitute “'r person rhagnodedig”.
Amendment of regulation 11 of the principal Regulations6.
In regulation 11 of the principal Regulations (amount and payment of direct payments under section 57(1A) of the 2001 Act), in paragraph (6), in the Welsh text—
(a)
insert “y” between “wneud” and “taliad”, and
(b)
for “uniongyrchol o dan adran 57(1A) o Ddeddf 2001 er mwyn i'r person rhagnodedig” substitute “y cyfeirir ato ym mharagraff (1) mewn cysylltiad â'r person sy'n”.
Amendment of regulation 12 of the principal Regulations7.
(1)
Regulation 12 of the principal Regulations (conditions in respect of direct payments under section 57(1) of the 2001 Act or section 17A(1) of the 1989 Act) is amended in accordance with the following paragraphs of this regulation.
(2)
In paragraph (2)(c), in the Welsh text, insert “sy'n byw ar yr un aelwyd â'r person rhagnodedig ac” between “person” and “sy'n”.
(3)
In paragraph (5), in the Welsh text, insert “amodau” between “yr” and “y cyfeirir”.
Amendment of regulation 13 of the principal Regulations8.
In regulation 13 of the principal Regulations (conditions in respect of direct payments under section 57(1A) of the 2001 Act), in paragraph (3)(c), in the Welsh text, insert “byw ar yr un aelwyd â P ac sy'n” between “person sy'n” and “dwyn”.
Amendment of regulation 17 of the principal Regulations9.
(1)
Regulation 17 of the principal Regulations (review) is amended in accordance with the following paragraph of this regulation.
(2)
In paragraph (2), in the Welsh text—
(a)
for “nad yw” substitute “bod”, and
(b)
for “o”, between “adran 57(5A)” and “Ddeddf honno”, substitute “o'r”.
Amendment of regulation 19 of the principal Regulations10.
(1)
Regulation 19 of the principal Regulations (termination of direct payments under section 57(1A) of the 2001 Act) is amended in accordance with the following paragraph of this regulation.
(2)
In paragraph (6), in the Welsh text—
(a)
insert “uniongyrchol” between “daliadau” and “a wneir”,
(b)
in sub-paragraph (a), insert “buddiolwr” between “os yw'r” and “yn berson”, and
(c)
in sub-paragraph (c), omit “is met”.
The Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011 (S.I. 2011/831 (W.125)) (“the principal Regulations”) revoked and replaced the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004 (S.I. 2004/1748 (W.185)).
The principal Regulations make provision for the making of direct payments in respect of a person securing the provision of certain social care services which would be provided under the community care enactments mentioned in section 46(3) of the National Health Service and Community Care Act 1990 (local authority plans for community care services), to carers under section 2 of the Carers and Disabled Children Act 2000 (services for carers), or services under section 17 of the Children Act 1989 (provision of services for children in need, their families and others).
Regulations 3 to 10 of these Regulations make amendments to correct minor drafting and typographical errors in the Welsh text and make one consequential amendment to the English text of the principal Regulations.
The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As they only correct minor drafting and typographical errors in the principal Regulations, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.