SCHEDULE 3
PART 1Amendments to secondary legislation referencing primary legislation repealed by the 2014 Act
Local Government (Compensation) Regulations 1974I21
For point 9 in column 1 of Schedule 2 (persons to whom the regulations apply and the respective compensating authority) to the Local Government (Compensation) Regulations 19744 substitute the following—
9
A person employed by a voluntary organisation as defined in section 197 of the Social Services and Well-being (Wales) Act 2014.
Fire Services (Compensation) Regulations 1974I32
For paragraph 8 of the Schedule to the Fire Services (Compensation) Regulations 19745 substitute the following—
8
A person employed by a voluntary organisation as defined in section 197 of the Social Services and Well-being (Wales) Act 2014.
Police (Compensation) Regulations 1974I43
For paragraph 8 of the Schedule to the Police (Compensation) Regulations 19746 substitute the following—
8
A person employed by a voluntary organisation as defined in section 197 of the Social Services and Well-being (Wales) Act 2014.
National Health Service (General Ophthalmic Services) Regulations 1986I14
1
Regulation 13 (sight tests – eligibility) of the National Health Service (General Ophthalmic Services) Regulations 19867 is amended as follows.
2
In paragraph (1) for sub-paragraph (e) substitute the following—
e
a person who is registered as sight-impaired or severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014;
3
In paragraph (2) after sub-paragraph (k) insert—
ka
he is a category 2 young person within the meaning of section 104(2) of the Social Services and Well-being (Wales) Act 2014 to whose maintenance a responsible local authority is contributing under section 109(1) of that Act;
Council Tax (Liability for Owners) Regulations 1992I75
In regulation 2 (classes of chargeable dwellings) of the Council Tax (Liability for Owners) Regulations 19928, under the heading “Residential care homes etc.” for paragraph (b) substitute the following—
b
a building or part of a building in which accommodation is provided under section 18 or 19 of the Care Act 2014 or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet needs for care and support); or
National Health Service Pension Scheme Regulations 1995I86
In paragraph 1 of Schedule 2 (medical and dental practitioners) to the National Health Service Pension Scheme Regulations 19959 in the definition of “local authority”—
a
at the end of paragraph (a) omit “or”;
b
at the end of paragraph (b) for “;” substitute “, or”;
c
after paragraph (b) insert the following—
c
a council of a county or county borough in Wales;
Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995
I1557
The Education (Grants) (Music, Ballet and Choir Schools) Regulations 199510 are amended as follows.
I58
In regulation 4 (references to parents) paragraph (1)(e) after “the Children Act 1989” insert “or section 74(1) of the Social Services and Well-being (Wales) Act 2014”.
I69
In paragraph 4 of Part 1 of the Appendix to the Aided Pupil Scheme (computation of income) after “paragraph 16 of that Schedule” insert “or, as the case may be any assistance given by the local authority in cash under section 34(1)(c) and (2) of the Social Services and Well-being (Wales) Act 2014 and any payment made by a local authority under section 96 of that Act.”.
Education (Areas to which Pupils and Students Belong) Regulations 1996I1610
In regulation 2 (interpretation) paragraph (1) of the Education (Areas to which Pupils and Students Belong) Regulations 199611, in the definition of “child looked after by a local authority” after “the Children Act 1989” insert “or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014”.
Housing Renewal Grants Regulations 1996
I15611
The Housing Renewal Grants Regulations 199612 are amended as follows.
I912
In regulation 8 (circumstances in which a person is to be treated as responsible or not responsible for another) paragraph (2)(a) after “the Children Act 1989” insert “or, as the case may be, section 81 of the Social Services and Well-being (Wales) Act 2014”.
I1013
1
Regulation 9 (circumstances in which a person is to be treated as being or not being a member of the household) is amended as follows.
2
In paragraph (3)(a)—
a
after “the Children Act 1989” insert “or, as the case may be, section 81 of the Social Services and Well-being (Wales) Act 2014”;
b
for “that Act” substitute “the Children Act 1989”.
3
In paragraph (3A)(a) after “the Children Act 1989” insert “or, as the case may be, section 81 of the Social Services and Well-being (Wales) Act 2014”.
I1114
In regulation 19 (treatment of childcare charges) paragraph (8)(b)—
a
in paragraph (ii) after “in Scotland” insert “or is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”;
b
in paragraph (iii), after “registered as blind” insert “or severely sight-impaired”.
I1215
In paragraph 12(1)(a) of Schedule 1 (applicable amounts), sub-paragraph (v)—
a
omit the words from “is blind” to “(welfare services) or”;
b
after “(register of sight-impaired adults)” insert “or, as the case may be, in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
I1316
1
Paragraph 7 of Schedule 1A (applicable amounts for persons who have attained or whose partner has attained the qualifying age for state pension credit) is amended as follows.
2
In sub-paragraph (3)—
a
after “and that partner is” omit “blind or”;
b
after “severely sight-impaired or is treated as” omit “blind or”.
3
For sub-paragraph (4)(a) substitute the following—
a
a person is severely sight-impaired if they are registered as severely sight-impaired in a register kept by a local authority in England under section 77(1) of the Care Act 2014 (registers of sight-impaired adults) or, as the case may be, registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014, and
4
In sub-paragraph (4)(b)—
a
after “to be registered as” omit “blind or”;
b
after “nevertheless to be treated as” omit “blind or”.
I1417
1
Schedule 3 (sums to be disregarded in the determination of income other than earnings) is amended as follows.
2
In paragraph 23—
a
omit “, as the case may be,”;
b
after “the Social Work (Scotland) Act 1968” insert “or, as the case may be, section 81 of the Social Services and Well-being (Wales) Act 2014”.
3
In paragraph 24—
a
omit sub-paragraph (d);
b
at the end of sub-paragraph (e) omit the full stop and insert “; or”;
c
after sub-paragraph (e) insert the following—
f
the person concerned where the payment is for provision of accommodation to meet that person’s needs for care and support arranged pursuant to section 35 or 36 of the Social Services and Well-being (Wales) Act 2014.
4
In paragraph 25 after “to certain children)” insert “, or section 37 or 38 of the Social Services and Well-being (Wales) Act 2014 but excluding any direct payments under that Act.”.
5
In paragraph 59 after “Health and Social Care Act 2001 (direct payments)” insert “or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments)”.
I1518
1
Schedule 4 (capital to be disregarded) is amended as follows.
2
In paragraph 19 after “to certain children)” insert “, or section 37 or 38 of the Social Services and Well-being (Wales) Act 2014 but excluding any direct payments under that Act”.
3
In paragraph 44 after “Disabled Persons (Employment) Act 1958” insert “or, as the case may be, under Part 4 of the Social Services and Well-being (Wales) Act 2014”.
National Health Service (Optical Charges and Payments) Regulations 1997
I15719
The National Health Service (Optical Charges and Payments) Regulations 199713 are amended as follows.
I1920
In regulation 8 (eligibility – supply of optical appliances) after paragraph (3)(k) insert—
ka
he is a category 2 young person within the meaning of section 104(2) of the Social Services and Well-being (Wales) Act 2014 to whose maintenance a responsible local authority is contributing under section 109(1) of that Act;
I2021
In regulation 22 (signatures and claims for payment) paragraph (1)(c)(i) for “22(1) of the Children Act 1989” substitute “74(1) of the Social Services and Well-being (Wales) Act 2014”.
Education (Assisted Places) Regulations 1997
I15822
The Education (Assisted Places) Regulations 199714 are amended as follows.
I1723
In regulation 3 (references to parents) paragraph (1)(e) after “the Children Act 1989” insert “or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014”.
I1824
1
Paragraph 4 of Schedule 1 (computation of income) is amended as follows.
2
In sub-paragraph (c) after “Schedule 2 to that Act” insert “or, as the case may be, section 37 or 38 of the Social Services and Well-being (Wales) Act 2014”.
3
For sub-paragraph (d) substitute the following—
d
any payment made by a local authority under paragraph 16 of Schedule 2 to the Children Act 1989 or, as the case may be, under section 96 of the Social Services and Well-being (Wales) Act 2014.
Secure Training Centre Rules 1998
I15925
The Secure Training Centre Rules 199815 are amended as follows.
I2126
In rule 27 (regime activities) paragraph (4)(b) after “the Children Act 1989” insert “or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014”.
I2227
In rule 30 (after care) paragraph (1) after “the Children Act 1989” insert “or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014”.
Education (Publication of Local Authority Inspection Reports) Regulations 1998I2328
In regulation 4(1)(k) of the Education (Publication of Local Authority Inspection Reports) Regulations 199816 after “section 6(1) of the Local Authority Social Services Act 1970” insert “or in Wales, under section 144(1) of the Social Services and Well-being (Wales) Act 2014”.
Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000I2429
In regulation 4 (descriptions of disabled persons) paragraph (2)(c) of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 200017—
a
omit “blind under section 29(4)(g) of the National Assistance Act 1948 or”;
b
after “(registers of sight-impaired adults)” insert “or, in Wales, section 18(1) of the Social Services and Well-being (Wales) Act 2014”;
c
for “that Act” substitute “the National Assistance Act 1948”.
Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 2000I14830
In regulation 4 (descriptions of disabled persons) paragraph (2)(c) of the Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 200018—
a
for the words from “is registered as” to “1948”, substitute “is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”;
b
for “that Act” substitute “the National Assistance Act 1948”.
National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000
I16031
The National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 200019 are amended as follows.
I14932
1
Regulation 6 (health related functions of local authorities) is amended as follows.
2
In paragraph (a)—
a
for “Schedule 1 to the Local Authorities Social Services Act 1970” substitute “Schedule 2 to the Social Services and Well-being (Wales) Act 2014”;
b
for sub-paragraph (i) substitute the following—
i
sections 34(1)(a) (in so far as it relates to meeting the care and support needs of an adult), 59, 63, 66, 70(5), 121, 144, 171 and 172 of the Social Services and Well-being (Wales) Act 2014;
c
omit sub-paragraph (ii);
d
at the end of sub-paragraph (iv) insert “and”;
e
omit sub-paragraph (v) (together with the “and” immediately after it);
f
in sub-paragraph (vi) omit “and section 86”.
3
In paragraph (b) for “sections 7 or 8” substitute “section 7”.
4
After paragraph (b) insert the following—
ba
the functions under Parts 3 and 4 of the Social Services and Well-being (Wales) Act 2014 in so far as they relate to the duty to assess and meet the needs of disabled carers in relation to the carer’s ability to provide care;
I15033
In regulation 10 (supplementary) paragraph (3) for “section 7B of the Local Authorities Social Services Act 1970” substitute “sections 171 and 172 of the Social Services and Well-being (Wales) Act 2014”.
Representation of the People (England and Wales) Regulations 2001
I16134
The Representation of the People (England and Wales) Regulations 200120 are amended as follows.
I2635
In regulation 31J (anonymous registration: evidence by attestation), paragraph (4)(h) for “section 6(1) of the Local Authority Social Services Act 1970” substitute “section 144 of the Social Services and Well-being (Wales) Act 2014”.
I2736
1
Regulation 53 (additional requirement for applications for a proxy vote for a definite or indefinite period on grounds of blindness or any other disability) is amended as follows.
2
In paragraph (5)—
a
in sub-paragraph (a) for “blindness” substitute “severe sight-impairment”;
b
for sub-paragraph (a)(i) substitute the following—
i
a severely sight-impaired person in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014; or
3
In paragraph (6)—
a
omit the words from “with a local authority” to “or registered”;
b
after “(registers of sight-impaired adults)” insert “or in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
I2837
In the heading for “blindness” substitute “severe sight-impairment”.
Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001I2538
In regulation 4 (references to parents) of the Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 200121 in paragraph (1)(e), after “Children Act 1989” insert “or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014”.
Education (Special Education Needs) (Wales) Regulations 2002
I16239
The Education (Special Education Needs) (Wales) Regulations 200222 are amended as follows.
I15140
In regulation 12 (time limits and prescribed information) paragraph (7A) for “Local Authority Social Services Act 1970” substitute “Social Services and Well-being (Wales) Act 2014”.
I15241
In regulation 24 (restrictions on disclosure of statements), for paragraph (1)(h) substitute the following—
h
for the purposes of a local authority in the performance of their duties under sections 78(1)(a), 120(5)(a) and 121(3)(a) of the Social Services and Well-being (Wales) Act 2014 and section 87(3) of the Children Act 1989;
Police Act 1997 (Criminal Records) Regulations 2002
I16342
The Police Act 1997 (Criminal Records) Regulations 200223 are amended as follows.
I14643
In regulation 2 (interpretation) for the definition of “social services functions” substitute the following—
“social services functions”—
- a
in relation to a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970, and
- b
in relation to a local authority in Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014;
I14744
In regulation 5B (work with adults) for paragraph (1)(e)(i) substitute the following—
i
a local authority (within the meaning of section 197 of the Social Services and Well-being (Wales) Act 2014) in the exercise of its social services functions (within the meaning of that Act);
Care Homes (Wales) Regulations 2002I15345
In regulation 2 (interpretation) paragraph (1) of the Care Homes (Wales) Regulations 200224—
a
in the English text, for the definition of “fostering arrangements” substitute the following—
“fostering arrangements” (“trefniadau maethu”) means arrangements made by, or on behalf of, a local authority under section 81 of the Social Services and Well-being (Wales) Act 2014 or by a voluntary organisation under section 59(1)(a) of the Children Act 1989, or arrangements made by a local authority or voluntary organisation under legislation similar to section 81 of the Social Services and Well-being (Wales) Act 2014 or (as the case may be) section 59(1)(a) of the Children Act 1989;
b
in the Welsh text insert in the appropriate place—
“ystyr “trefniadau maethu” (“fostering arrangements”) yw trefniadau a wneir gan awdurdod lleol neu ar ei ran o dan adran 81 o Ddeddf Gwasanaethu Cymdeithasol a Llesiant (Cymru) 2014 neu gan sefydliad gwirfoddol o dan adran 59(1)(a) o Ddeddf Plant 1989, neu drefniadau a wneir gan awdurdod lleol neu sefydliad gwirfoddol o dan ddeddfwriaeth sy’n debyg i adran 81 o Ddeddf Gwasanaethu Cymdeithasol a Llesiant (Cymru) 2014 neu (yn ôl y digwydd) adran 59(1)(a) o Ddeddf Plant 1989;”.
Children’s Homes (Wales) Regulations 2002I14546
In regulation 15 (contact and access to communications) of the Children’s Homes (Wales) Regulations 200225, in paragraph (2)(e), after “visitor for the child under” insert “section 98 of the Social Services and Well-being (Wales) Act 2014 or”.
Education Standards Grants (Wales) Regulations 2002I15447
In paragraph 5(f) of the Schedule (purposes for or in connection with which grants are payable) to the Education Standards Grants (Wales) Regulations 200226 after “within the meaning of” insert “the Social Services and Well-being (Wales) Act 2014 or”.
Homelessness (Priority Need for Accommodation) (England) Order 2002
I16448
The Homelessness (Priority Need for Accommodation) (England) Order 200227 is amended as follows.
I2949
In article 1 (citation, commencement and interpretation) paragraph (3)—
a
in the definition of “looked after, accommodated or fostered”, after “the Children Act 1989” insert “or, as the case may be, section 104(3) of the Social Services and Well-being (Wales) Act 2014”;
b
in the definition of “relevant student” for “that Act” substitute “the Children Act 1989 or, as the case may be, section 114(5) or 115(6) of the Social Services and Well-being (Wales) Act 2014”.
I3050
1
Article 3 (children aged 16 or 17) is amended as follows.
2
In paragraph (1) after “the Children Act 1989” insert “or, as the case may be, is not a category 2 young person within the meaning of section 104(2) of the Social Services and Well-being (Wales) Act 2014”.
3
In paragraph (2) after “children in need)” insert “or, as the case may be, section 76 of the Social Services and Well-being (Wales) Act 2014 (accommodation for children without parents or who are lost or abandoned etc)”.
Land Registration Rules 2003
I16551
The Land Registration Rules 200328 are amended as follows.
I3152
In rule 93 (persons regarded as having a sufficient interest to apply for a restriction) paragraph (x), after “Health and Social Services and Social Security Adjudications Act 1983” insert “or, as the case may be, under the terms of a deferred payment agreement within the meaning of section 68(2) of the Social Services and Well-being (Wales) Act 2014”.
I3253
In Schedule 4 (standard forms of restriction) under the heading “Form MM” in each place where it occurs, after “Health and Social Services and Social Security Adjudications Act 1983” insert “or under the terms of a deferred payment agreement within the meaning of section 68(2) of the Social Services and Well-being (Wales) Act 2014”.
Education (Mandatory Awards) Regulations 2003
I16654
The Education (Mandatory Awards) Regulations 200329 are amended as follows.
I3355
In Schedule 2 (requirements), paragraph 12(1), the definition of “income” is amended as follows—
a
in paragraph (e) after “the Children Act 1989” insert “or, as the case may be, section 81 of the Social Services and Well-being (Wales) Act 2014”;
b
in paragraph (f) after “section 24 of that Act,” insert “or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act”.
I3456
In Schedule 3 (resources) paragraph 1(1) is amended as follows—
a
in paragraph (m) after “the Children Act 1989” insert “or, as the case may be, section 81 of the Social Services and Well-being (Wales) Act 2014”;
b
in paragraph (n) after “section 24 of that Act” insert “, or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act”.
Education (Admission Forums) (Wales) Regulations 2003I3557
In regulation 3 (role of a forum) paragraph (2)(b) of the Education (Admission Forums) (Wales) Regulations 200330 for “section 22 of the Children Act 1989” substitute “section 74 of the Social Services and Well-being (Wales) Act 2014”.
Independent Schools (Provision of Information) (Wales) Regulations 2003I3658
In regulation 2 (interpretation) paragraph (1) of the Independent Schools (Provision of Information) Regulations 200331, in the definition of “looked after by a local authority”, after “the Children Act 1989” insert “or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014”.
National Health Service (General Medical Services Contracts) (Wales) Regulations 2004I3759
In paragraph 95 (co-operation with investigations) sub-paragraph (2) of Schedule 6 to the National Health Service (General Medical Services Contracts) (Wales) Regulations 200432 in the definition of “local authority”—
a
at the end of paragraph (b) omit “or”;
b
at the end of paragraph (c) omit the full stop and insert “, or”;
c
after paragraph (c) insert the following—
d
a council of a county or county borough in Wales.
Children and Family Court Advisory and Support Service (Reviewed Case Referral) Regulations 2004I3860
In regulation 2 (interpretation) of the Children and Family Court Advisory and Support Service (Reviewed Case Referral) Regulations 200433 in the definition of “referral”, after “the Children Act 1989” insert “or, in Wales, a referral made under section 100(3) of the Social Services and Well-being (Wales) Act 2014”.
Adoption Support Services (Local Authorities) (Wales) Regulations 2005I3961
In regulation 2 (interpretation) paragraph (2)(a) of the Adoption Support Services (Local Authorities) (Wales) Regulations 200534 for “the Children Act 1989” substitute “the Social Services and Well-being (Wales) Act 2014”.
Special Guardianship (Wales) Regulations 2005
I16762
The Special Guardianship (Wales) Regulations 200535 are amended as follows.
I4063
1
Regulation 13 (relevant authority for the purposes of sections 24(5)(za) of the Act) is amended as follows.
2
For “section 24(5)(za) of the Act (persons qualifying for advice and assistance)” substitute “section 104(5)(c) of the Social Services and Well-being (Wales) Act 2014 (young persons entitled to support under sections 105 to 115)”.
3
In the heading for “sections 24(5)(za) of the Act” substitute “section 104(5)(c) of the Social Services and Well-being (Wales) Act 2014”.
I4164
1
Regulation 14 (functions specified under section 26(3C) of the Act) is amended as follows.
2
For “section 26(3C) of the Act (review of cases and inquiries into representations — special guardianship support services)” substitute “section 174(1)(b) and (4) of the Social Services and Well-being (Wales) Act 2014 (representations relating to certain children etc)”.
3
In the heading for “section 26(3C) of the Act” substitute “section 174(1)(b) and (4) of the Social Services and Well-being (Wales) Act 2014”.
Education (School Inspection) (England) Regulations 2005I4265
In regulation 2 (interpretation) paragraph (1) of the Education (School Inspection) (England) Regulations 200536 after “section 22 of the Children Act 1989” insert “or, as the case may be, section 74 of the Social Services and Well-being (Wales) Act 2014”.
National Health Service (General Dental Services Contracts) Regulations 2005I4366
In paragraph 51 (co-operation with investigations) sub-paragraph (2) of Schedule 3 to the National Health Service (General Dental Services Contracts) Regulations 200537 in the definition of “local authority”—
a
at the end of paragraph (b) omit “or”;
b
at the end of paragraph (c) insert “or”;
c
after paragraph (c) insert the following—
d
a council of a county or county borough in Wales;
National Health Service (Personal Dental Services Agreements) Regulations 2005I4467
In paragraph 51 (co-operation with investigations) sub-paragraph (2) of Schedule 3 to the National Health Service (Personal Dental Services Agreements) Regulations 200538 in the definition of “local authority”—
a
at the end of paragraph (b) omit “or”;
b
at the end of paragraph (c) insert “or”;
c
after paragraph (c) insert the following—
d
a council of a county or county borough in Wales;
National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006I4568
In paragraph 51 (co-operation with investigations) sub-paragraph (2) of Schedule 3 to the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 200639 in the definition of “local authority”—
a
at the end of paragraph (b) omit “or”;
b
at the end of paragraph (c) for the full stop substitute “, or”;
c
after paragraph (c) insert the following—
d
the council of a county or county borough in Wales.
National Health Service (General Dental Services Contracts) (Wales) Regulations 2006I4669
In paragraph 51 (co-operation with investigations) sub-paragraph (2) of Schedule 3 to the National Health Service (General Dental Services Contracts) (Wales) Regulations 200640 in the definition of “local authority”—
a
at the end of paragraph (b) omit “or”;
b
at the end of paragraph (c) for the full stop substitute “; or”;
c
after paragraph (c) insert the following—
d
a council of a county or county borough in Wales.
Staffing of Maintained Schools (Wales) Regulations 2006I4770
In regulation 7A (independent investigator) of the Staffing of Maintained Schools (Wales) Regulations 200641 in paragraphs (3)(b), (5)(a) and (5)(c)(i) for “guidance issued under section 7 of the Local Authority Social Services Act 1970” substitute “a code issued under section 145 of the Social Services and Well-being (Wales) Act 2014”.
Public Services Ombudsman for Wales (Standards Investigations) Order 2006
I16871
The Public Services Ombudsman for Wales (Standards Investigations) Order 200642 is amended as follows.
I4872
In Schedule 2 (application of provisions of the 2000 Act with modifications) paragraph 5, for sub-paragraph (c) substitute the following—
c
after paragraph (f), the following paragraph is inserted—
g
the disclosure is for the purposes of an investigation or report of an investigation under Part 2 or Part 2A of the Public Services Ombudsman (Wales) Act 2005.
I4973
In Schedule 3 (application of provisions of the 2005 Act with modifications) paragraph 1—
a
for “Section 26(2)” substitute “Section 34X(2)”;
b
in the heading, for “Section 26(2)” substitute “Section 34X(2)”.
Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006
I16974
The Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 200644 are amended as follows.
I5075
In Schedule 1 (offence of failing to remove dog faeces) paragraph 1(3) and Schedule 4 (offence of permitting a dog to enter land from which it is excluded) paragraph 1(3), after “the National Assistance Act 1948” insert “or a person who is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
Education (Schools Inspection) (Wales) Regulations 2006I5176
In regulation 4 (interpretation: part 2) paragraph (2) of the Education (Schools Inspection) (Wales) Regulations 200645 after “the same meaning as in section” insert “74(1) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be section”.
Criminal Defence Service (Financial Eligibility) Regulations 2006I5277
In paragraph (b) of the definition of “gross annual income” in regulation 2(1) (interpretation) of the Criminal Defence Service (Financial Eligibility) Regulations 200646—
a
after “the Health and Social Care Act 2001 (direct payments)” for “or” substitute “,”;
b
after “(personal budgets and direct payments)” insert “or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014”.
National Assembly for Wales (Representation of the People) Order 2007
I17078
The National Assembly for Wales (Representation of the People) Order 200747 is amended as follows.
I5379
In article 8 (absent vote at assembly elections for a particular or an indefinite period) paragraph (2) for “blindness” substitute “severe sight-impairment”.
I5480
1
Schedule 1 (absent voting at assembly elections) is amended as follows.
2
For paragraph 4(5)(a) (additional requirements for applications on grounds of blindness or other disability) substitute the following—
a
the application is based on the applicant’s severe sight-impairment and the applicant is registered, in a register kept under section 18(1) of the Social Services and Well-being (Wales) Act 2014, as a severely sight-impaired person, by the local authority which is specified in the application; or
3
For paragraph 4(7) substitute the following—
7
The fact that an applicant is registered as severely sight-impaired by a local authority in Wales in a register kept under section 18(1) of the Social Services and Well-being (Wales) Act 2014 shall be deemed sufficient evidence that the applicant is eligible for an absent vote on the grounds set out in article 8(2)(c).
4
In the heading to paragraph 4 for “blindness” substitute “severe sight-impairment”.
5
In paragraph 11(1)(b) for “blindness” substitute “severe sight-impairment”.
I5581
1
Schedule 5 (assembly election rules) is amended as follows.
2
In paragraph 47 (votes marked by presiding officer) sub-paragraph (1)(a) for “blindness” substitute “severe sight-impairment”.
3
In paragraph 48 (voting by persons with disabilities) sub-paragraph (1), in both places where it occurs, for “blindness” substitute “severe sight-impairment”.
Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 2007
I17182
The Dog Control Orders (Miscellaneous Provisions) (Wales) Regulations 200748 are amended as follows.
I5683
1
Schedule 1 (offence of failing to remove dog faeces) is amended as follows.
2
In paragraph 1(3) for the words from “as a blind person” to “the National Assistance Act 1948” substitute “as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
3
In paragraph 3, for article 3(2)(a) of the Form of Order substitute the following—
a
is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014; or
I5784
1
Schedule 4 (offence of permitting a dog to enter land from which it is excluded) is amended as follows.
2
In paragraph 1(3) for the words from “as a blind person” to “the National Assistance Act 1948” substitute “as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
3
In paragraph 3, for article 3(2)(a) of the Form of Order substitute the following—
a
is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014; or
Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007I5885
In regulation 9 (adult protection cases) paragraph (5) of the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 200749 for “guidance issued under section 7 of the Local Authority Social Services Act 1970.” substitute “a code issued under section 145 of the Social Services and Well-being (Wales) Act 2014.”.
National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007
I17286
The National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 200750 are amended as follows.
I5987
Regulation 2 (interpretation) paragraph (a) of the definition of “capital limit” is amended as follows—
a
for “sections 21 to 24 and 26 of the National Assistance Act 1948” substitute “section 35 or 36 of the Social Services and Well-being (Wales) Act 2014”;
b
for “section 22(5)” substitute “section 61”.
I6088
Regulation 5 (entitlement to full remission and payment) paragraph (2) is amended as follows—
a
for sub-paragraph (a)(ii) substitute the following—
ii
accommodation provided by a local authority under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult),
b
after sub-paragraph (d) insert—
da
a category 2 young person within the meaning of section 104(2) of the Social Services and Well-being (Wales) Act 2014 for whom a responsible local authority is providing support under section 109(1) of that Act;
I17389
Table B in Schedule 1 (modifications of the Income Support (General) Regulations 1987) is amended as follows.
I6190
In the modification of regulation 18, for paragraph (b) of regulation 19A (care homes) substitute the following—
b
in accommodation to meet the care and support needs of an adult under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult),
I6291
In the modification of paragraph 4 of Schedule 3 for the words from “accommodation provided” to “the National Assistance Act” substitute “in accommodation provided to meet the care and support needs of an adult under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult)”.
I6392
1
In the modification of Schedule 7, paragraph 9 is amended as follows.
2
For sub-paragraph (a)(ii) substitute the following—
ii
is in accommodation provided to meet the care and support needs of an adult under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult).
3
For sub-paragraph (b)(iv) substitute the following—
iv
is in accommodation provided to meet the care and support needs of an adult under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult).
I6493
In paragraph 10ZA of the modifications to Schedule 7, for the words from “accommodation provided” to “the National Assistance Act 1948” substitute “is in accommodation provided by a local authority to meet the care and support needs of an adult under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult)”.
Local Authority Adoption Service (Wales) Regulations 2007
I17494
The Local Authority Adoption Service (Wales) Regulations 200751 are amended as follows.
I6595
In regulation 2 (interpretation) paragraph (1)—
a
omit the definition of “Local Safeguarding Children Board”, and
b
in the appropriate place insert—
“Safeguarding Children Board” (“Bwrdd Diogelu Plant”) means a board established under section 134 of the Social Services and Well-being (Wales) Act 2014;
I6696
In regulation 14 (arrangements for the protection of children) paragraph (c) omit “Local”.
I6797
In paragraph 10 of Schedule 1 (information to be included in the statement of purpose) for “section 114 of the Health and Social Care (Community Health and Standards) Act 2003” substitute “sections 171 and 172 of the Social Services and Well-being (Wales) Act 2014”.
I6898
In paragraph 4 of Schedule 2 (information to be included in the Children’s guide) for the words from “section 26 of the Children Act 1989” to the end, substitute “sections 171, 172 or 174 of the Social Services and Well-being (Wales) Act 2014”.
Assembly Learning Grant (Further Education) Regulations 2007I6999
In regulation 13 (independent eligible student) paragraph (1)(f) of the Assembly Learning Grant (Further Education) Regulations 200752, after “within the meaning of” insert “section 74 of the Social Services and Well-being (Wales) Act 2014 or”.
Education (School Performance Information) (England) Regulations 2007I70100
In regulation 2 (interpretation) paragraph (1) of the Education (School Performance Information) (England) Regulations 200753, in the definition of “a child looked after by a local authority” after “the Children Act 1989” insert “or, as the case may be, section 74 of the Social Services and Well-being (Wales) Act 2014”.
Education (Information About Individual Pupils) (Wales) Regulations 2007I71101
In regulation 3 (interpretation) of the Education (Information About Individual Pupils) (Wales) Regulations 200754, in the definition of “child looked after by a local authority” after “assigned to it by section” insert “74(1) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be, section”.
National Health Service Pension Scheme Regulations 2008I72102
In Part 3 (benefits for practitioners etc.) regulation 3.A.1(interpretation of Part 3: general) of the National Health Service Pension Scheme Regulations 200855, in the definition of “local authority”—
a
at the end of paragraph (a) omit “or”;
b
at the end of paragraph (b) insert “or”;
c
after paragraph (b) insert the following—
c
the council of a county or county borough in Wales;
Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008I73103
In regulation 5 (prescribed descriptions of information) paragraph (3) of the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 200856, in the definition of “social services functions” after “the Local authority Social Services Act 1970” insert “or, as the case may be, the Social Services and Well-being (Wales) Act 2014”.
Family Proceedings Fees Order 2008I74104
1
The table in paragraph 1 of Schedule 1 (fees to be taken) to the Family Proceedings Fees Order 200857 is amended as follows.
2
At point 2, after “Children Act 1989” insert “or, where specified, the Social Services and Well-being (Wales) Act 2014”.
3
At point 2.1 after “Children Act 1989” insert “or, where specified, the Social Services and Well-being (Wales) Act 2014”.
4
After point 2.1(i) insert in columns 1 and 2 respectively—
ia
section 119 of the Social Services and Well-being (Wales) Act 2014 (secure accommodation order); £215
5
After point 2.1(w) insert in columns 1 and 2 respectively—
wa
section 124(1) of the Social Services and Well-being (Wales) Act 2014 (approval of court for child in care of local authority to live abroad); £215
6
In the “Notes to fees 2.1 and 2.2” in both places where it appears, after “Children Act 1989” insert “or, where specified, the Social Services and Well-being (Wales) Act 2014”.
7
After point 2.4 insert in columns 1 and 2 respectively—
2.5
On commencing appeal under paragraph 3(11) of Schedule 1 to the Social Services and Well-being (Wales) Act 2014 (appeal against contribution order). £215
8
In the “Notes” at point 4.1, after “Children Act 1989” insert “or, where specified, the Social Services and Well-being (Wales) Act 2014”.
9
In the “Notes” to fee 5.1, after “Children Act 1989” insert “or, where specified, under the Social Services and Well-being (Wales) Act 2014”.
10
In the “Notes” to fee 5.3, after “Children Act 1989” insert “or, where specified, under the Social Services and Well-being (Wales) Act 2014”.
General Ophthalmic Service Contracts Regulations 2008I75105
In paragraph 26 (co-operation with investigations) sub-paragraph (2) of Schedule 1 to the General Ophthalmic Service Contracts Regulations 200858, in the definition of “local authority”—
a
at the end of paragraph (b) omit “or”;
b
at the end of paragraph (c) insert “or”;
c
after paragraph (c) insert the following—
d
the council of a county or county borough in Wales; and
Primary Ophthalmic Services Regulations 2008I76106
In regulation 3 (sight tests – eligibility) of the Primary Ophthalmic Services Regulations 200859, for paragraph (1)(f) substitute the following—
f
who is registered as sight-impaired or severely sight-impaired under section 77(1) of the Care Act 2014 (registers of sight-impaired adults) or in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014
Controlled Drugs (Supervision of Management and Use) (Wales) Regulation 2008I77107
In regulation 2 (interpretation) paragraph (1) of the Controlled Drugs (Supervision of Management and Use) (Wales) Regulation 200860 for the definition of “local authority” substitute the following—
“local authority” (“awdurdod lleol”) has the same meaning as in section 197 of the Social Services and Well-being (Wales) Act 2014;
Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 2009I78108
In the table in regulation 2 of the Criminal Defence Service (Information Requests) (Prescribed Benefits) Regulations 200961 after the entry “Any direct payment Regulations Under the Children and Families Act 2014 Section 49(3)” insert the following in the first, second and third columns respectively—
Any direct payment Regulations under the Social Services and Well-being (Wales) Act 2014 Sections 50 to 53
Education (Admission of Looked After Children) (Wales) Regulations 2009I79109
In regulation 2 (interpretation) paragraph (1) of the Education (Admission of Looked After Children) (Wales) Regulations 200962, in the definition of “relevant looked after child” for “section 22 of the Children Act 1989” substitute “section 74 of the Social Services and Well-being (Wales) Act 2014”.
Local Health Boards (Directed Functions) (Wales) Regulations 2009I80110
In regulation 3 (exception to regulation 2(2)) paragraph (3)(a) of the Local Health Boards (Directed Functions) (Wales) Regulations 200963—
a
in paragraph (i) for “section 22(1) of the 1989 Act” substitute “section 74(1) of the Social Services and Well-being (Wales) Act 2014”;
b
for paragraph (ii) substitute the following—
ii
is a category 2 young person within the meaning of section 104(2) of the Social Services and Well-being (Wales) Act 2014,
c
for paragraph (iii) substitute the following—
iii
qualifies for advice and assistance under section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section relates to category 5 and 6 young persons within the meaning of that Act,
Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 2009I81111
In regulation 2 (interpretation) paragraph (2)(c) of the Education (Individual Pupil Information) (Prescribed Persons) (England) Regulations 200964 after “the Children Act 1989” insert “or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014”.
Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009I82112
In article 3 (exceptions – regulated activity relating to children) paragraph (2)(b) of the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 200965, after “the Children Act 1989” insert “or section 74 of the Social Services and Well-being (Wales) Act 2014,”.
Assembly Learning Grant (Further Education) Regulations 2009I83113
In regulation 13 (independent eligible student) paragraph (1)(f) of the Assembly Learning Grant (Further Education) Regulations 200966 after “within the meaning of” insert “section 74 of the Social Services and Well-being (Wales) Act 2014 or”.
Criminal Defence Service (Contribution Orders) Regulations 2009I84114
In regulation 2(1) (interpretation), paragraph (b) of the definition of “gross annual income” in the Criminal Defence Service (Contribution Orders) Regulations 200967—
a
after “the Health and Social Care Act 2001 (direct payments)” for “or” substitute “,”;
b
after “(personal budgets and direct payments)” insert “or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014”.
Education (Student Support) (European University Institute) Regulations 2010I85115
In regulation 27 (interpretation) paragraph (2)(e) of the Education (Student Support) (European University Institute) Regulations 201068, after “the Children Act 1989” insert “or, as the case may be, section 81 of the Social Services and Well-being (Wales) Act 2014”.
Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 2010I86116
In regulation 4 of the Independent Review of Determinations (Adoption and Fostering) (Wales) Regulations 201069—
a
for “paragraph 12A(2)(b) of Schedule 2 to the 1989 Act” substitute “section 93(2)(b) of the Social Services and Well-being (Wales) Act 2014”;
b
in the heading for “paragraph 12A(2)(b) of Schedule 2 to the 1989 Act” substitute “section 93(2)(b) of the Social Services and Well-being (Wales) Act 2014”.
Education (Student Support) (College of Europe) Regulations 2010I87117
In regulation 25 (interpretation) paragraph (2)(e) of the Education (Student Support) (College of Europe) Regulations 201070 after “the Children Act 1989” insert “or, as the case may be, section 81 of the Social Services and Well-being (Wales) Act 2014”.
Education (Independent Educational Provision in England) (Provision of Information) Regulations 2010I88118
In paragraph 6 (information required in an initial return) of the Schedule to the Education (Independent Educational Provision in England) (Provision of Information) Regulations 201071 after “the Children Act 1989” insert “or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014”.
Visits to Children in Long Term Residential Care Regulations 2011
I175119
The Visits to Children in Long Term Residential Care Regulations 201172 are amended as follows.
I89120
1
Regulation 2 (interpretation) is amended as follows.
2
In the definition of “A” after “the 1989 Act” insert “or, as the case may be, a child accommodated in accordance with section 120 or 121 of the Social Services and Well-being (Wales) Act 2014”.
3
The definition of “responsible local authority” is amended as follows—
a
after paragraph (a) insert the following—
aa
in Wales, where a notification has been made under section 120(2) of the Social Services and Well-being (Wales) Act 2014, the responsible authority as defined in section 120(3) of that Act;
b
after paragraph (b) insert the following—
bb
in Wales, where a notification has been made under section 121(2) of the Social Services and Well-being (Wales) Act 2014, the local authority within whose area the establishment is carried on;
I90121
In regulation 3 (frequency of visits) paragraph (1) and regulation 5 (reports of visits) paragraphs (2)(e) and (3)(d) after “the 1989 Act” insert “or, as the case may be, the Social Services and Well-being (Wales) Act 2014”.
School Information (Wales) Regulations 2011I91122
In regulation 2 (interpretation) paragraph (1) of the School Information (Wales) Regulations 201173, in the definition of “looked after children”, after “the meaning given to it in section” insert “74(1) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be, section”.
Education (Student Support) Regulations 2011
I176123
The Education (Student Support) Regulations 201174 are amended as follows.
I92124
In regulation 42 (interpretation of chapter 4)—
a
in paragraph (2)(e) after “the Children Act 1989” insert “or, as the case may be, any payment made under section 81 of the Social Services and Well-being (Wales) Act 2014”;
b
in paragraph (2)(f) after “section 24 of that Act” insert “or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act”.
I93125
In paragraph 2 (calculation of eligible student’s residual income) sub-paragraph (1)(f) of Schedule 4 after “the Children Act 1989)” insert “or, as the case may be, section 74 of the Social Services and Well-being (Wales) Act 2014”.
Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011I94126
1
Regulation 3 (identification of relevant mental health service provider) paragraph (4) of the Mental Health (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 201175 is amended as follows.
2
For sub-paragraph (a) substitute the following—
a
is looked after by a local authority within the meaning of section 74(1) of the Social Services and Well-being (Wales) Act 2014;
3
For sub-paragraph (b) substitute the following—
b
is a category 2 young person within the meaning of section 104(2) of the Social Services and Well-being (Wales) Act 2014;
4
For sub-paragraph (c) substitute the following—
c
qualifies for advice and assistance under section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section relates to category 5 and 6 young persons within the meaning of that Act; or
School Admissions (Infant Class Sizes) (England) Regulations 2012I95127
In paragraph 3 of the Schedule (excepted pupils) to the School Admissions (Infant Class Sizes) (England) Regulations 201276, after “the Children Act 1989” insert “or, as the case may be, section 74 of the Social Services and Well-being (Wales) Act 2014”.
Police and Crime Commissioner Elections Order 2012I96128
1
Paragraph 15 of Schedule 2 to the Police and Crime Commissioner Elections Order 201277 (additional requirements referred to in paragraph 14(4)) is amended as follows.
2
In sub-paragraph (6)(a) for “blindness” substitute “severe sight-impairment”.
3
In sub-paragraph (7)—
a
omit the words from “by a local authority” to “or registered”;
b
after “(registers of sight-impaired adults)” insert “or in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012
I177129
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 201278 are amended as follows.
I97130
In regulation 2 (application of provisions in the 1989 Act to children on remand and savings) omit paragraph (c).
I98131
After regulation 2 insert the following—
2A
The following provisions of the Social Services and Well-being (Wales) Act 2014 do not apply to a relevant child—
a
section 81 (ways in which looked after children are to be accommodated and maintained);
b
section 82 (review of child’s case before making alternative arrangements for accommodation); and
c
paragraph 1 of Schedule 1 (contribution towards maintenance of looked after children – liability to contribute).
I99132
After regulation 5 (application of provisions etc.) insert the following—
5A
Paragraph 1 of Schedule 1 to the Social Services and Well-being (Wales) Act 2014 does not apply to a child who is remanded to local authority accommodation under section 91(3) of the 2012 Act.
Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012
I178133
The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 201279 are amended as follows.
I100134
In regulation 8 (households) paragraph (2)(a)—
a
omit “or 23(2)(a)”;
b
after “a relevant enactment” insert “or in Wales, placed with the applicant or the applicant’s partner by a local authority under section 81 of the Social Services and Well-being (Wales) Act 2014 or by a voluntary organisation under section 59(1)(a) of the Children Act 1989”.
I101135
1
Schedule 1 (pensioners: matters that must be included in an authority’s scheme) is amended as follows.
2
For paragraph 8(11)(a) substitute the following—
a
is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014.
3
In paragraph 21(2)(b)(i)—
a
omit “or 23(2)(a)”;
b
after “the Children (Scotland) Act 1995” insert “or in Wales placed with the applicant or the applicant’s partner by a local authority under section 81 of the Social Services and Well-being (Wales) Act 2014;”.
4
In paragraph 25(13)(c)—
a
omit the words from “blind in a register” to “(welfare services) or as”;
b
after “(registers of sight-impaired adults)” omit “or”;
c
after “the Local Government (Scotland) Act 1994” insert “or is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
5
In paragraph 26(1)(a)(vii)—
a
omit the words from “is blind” to “(welfare services) or”;
b
after “(registers of sight-impaired adults)” omit “or”;
c
after “the Local Government (Scotland) Act 1994” insert “or is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
I102136
Schedule 2 (applicable amounts) paragraph 6(4) is amended as follows—
a
omit the words from “in a register compiled” to “(welfare services) or is registered”;
b
after “(registers of sight-impaired adults)” omit “or”;
c
after “the Local Government (Scotland) Act 1994” insert “or is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
I103137
Paragraph 5(1)(b) of Schedule 4 (sums disregarded from applicant’s earnings) is amended as follows—
a
omit the words from “as blind in a register” to “the National Assistance Act 1948 or”;
b
after “(registers of sight-impaired adults)” omit “or”;
c
after “the Local Government (Scotland) Act 1994” insert “or is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012
I179138
The Council Tax Reduction Schemes (Default Scheme) (England) Regulations 201280 are amended as follows.
I104139
1
The Schedule (Council Tax Reduction (Default Scheme) 2013) is amended as follows.
2
In paragraph 44 (earnings of self employers: pensioners) after sub-paragraph (2)(d)(v) insert the following—
vi
the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support arranged pursuant to section 35 or 36 of the Social Services and Well-being (Wales) Act 2014;
3
Paragraph 58 (treatment of childcare charges) sub-paragraph (14)(c) is amended as follows—
a
after “(welfare services)” omit “or”;
b
after “the Local Government (Scotland) Act 1994” insert “or is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014;”.
4
In paragraph 76 (calculation of grant income) after sub-paragraph (2)(i) insert the following—
j
in Wales, of higher education bursary for category 3 and category 4 young persons made under section 110 or 112 of the Social Services and Well-being (Wales) Act 2014, in accordance with regulations made under section 116 of that Act.
2A
In sub-paragraph (2) “category 3 and category 4 young persons” have the meaning given in section 104(2) of the Social Services and Well-being (Wales) Act 2014.
I105140
In paragraph 6 (severe disability premium) sub-paragraph (4) of Schedule 2 (applicable amounts)—
a
after “(welfare services)” omit “or”;
b
after “the Local Government (Scotland) Act 1994” insert “or is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
I106141
In paragraph 10 (additional condition for the disability premium) sub-paragraph (1)(a)(vii) of Schedule 3 (applicable amounts: persons who are not pensioners)—
a
after “(welfare services)” omit “or”;
b
after “the Local Government (Scotland) Act 1994” insert “or is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
I107142
In paragraph 5(1)(b) of Schedule 5 (sums disregarded from applicant’s earnings: pensioners)—
a
after “(welfare services)” omit “or”;
b
after “the Local Government (Scotland) Act 1994” insert “or is registered as severely sight-impaired in a register kept by a local authority in Wales under section 18(1) of the Social Services and Well-being (Wales) Act 2014”.
I108143
1
Schedule 8 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners) is amended as follows.
2
In paragraph 32 after sub-paragraph (d) insert the following—
da
the person concerned where the payment is for accommodation to meet that person’s needs for care and support arranged pursuant to section 35 or 36 of the Social Services and Well-being (Wales) Act 2014;
3
In paragraph 33 after “and assistance to certain children)” insert “or sections 37, 38, 109, 110 or 114 of the Social Services and Well-being (Wales) Act 2014 but excluding any direct payments under that Act”.
Civil Legal Aid (Merits Criteria) Regulations 2013I109144
In regulation 2 (interpretation) of the Civil Legal Aid (Merits Criteria) Regulations 201381, the definition of “special Children Act 1989 case” is amended as follows—
a
for “any matter described in paragraph 1(1)(a), (b) or (c) of Part 1 of Schedule 1 to the Act” substitute “any matter described in paragraph 1(1)(a), (b), (c) or (k) of Part 1 of Schedule 1 to the Act”;
b
after “relates to any of the following provisions of Children Act 1989” insert “or, where specified, the Social Services and Well-being (Wales) Act 2014”;
c
after paragraph (a) insert—
aa
section 119 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty), to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order;
d
in the full-out words at the end of the definition, after “those provisions of the Children Act 1989” insert “or, as the case may be, the Social Services and Well-being (Wales) Act 2014”.
Civil Legal Aid (Remuneration) Regulations 2013
I180145
The Civil Legal Aid (Remuneration) Regulations 201382 are amended as follows.
I110146
In regulation 2 (interpretation) paragraph (1), in the definition of “family proceedings”, after sub-paragraph (e) insert—
ea
section 119 and section 124 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty);
I111147
The heading for table 9(a) in Part 3 of Schedule 1 (hourly rates – licensed work) is amended as follows—
a
after “under section 25 of that Act” insert “, or as the case may be, section 119 of the Social Services and Well-being (Wales) Act 2014”;
b
for “section 31 of that Act” substitute “section 31 of the Children Act 1989”.
National Health Service (Optical Charges and Payments) Regulations 2013I112148
In regulation 16 (eligibility for a voucher – replacement or repair) of the National Health Service (Optical Charges and Payments) Regulations 201383, paragraph (3) is amended as follows—
a
at the end of sub-paragraph (b) omit “or”;
b
in sub-paragraph (c) for the full stop substitute “; or”;
c
after sub-paragraph (c) insert—
d
is a category 2 young person within the meaning of section 104(2) of the Social Services and Well-being (Wales) Act 2014 whom a responsible local authority is supporting under section 109 of the Act.
Criminal Legal Aid (Financial Resources) Regulations 2013
I181149
The Criminal Legal Aid (Financial Resources) Regulations 201384 are amended as follows.
I113150
Regulation 11 (disposable income: deductions) paragraph (3)(f) is amended as follows—
a
for “or section 8(1)” substitute “, section 8(1)”;
b
after “Direct Payments Act (direct payments)” insert “or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments)”.
I114151
Regulation 20 (assessment of resources: gross annual income) paragraph (2)(e) is amended as follows—
a
for “or section 8(1)” substitute “, section 8(1)”;
b
after “Direct Payments Act” insert “or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014”.
I115152
In regulation 33 (assessment of resources: gross annual income) paragraph (2)(e)—
a
for “or section 8(1)” substitute “, section 8(1)”;
b
after “Direct Payments Act” insert “or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014”.
Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013
I182153
The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 201385 are amended as follows.
I116154
In regulation 5 (exceptions from requirement to make a determination in respect of an individual’s financial resources) paragraph (2), the definition of “special Children Act 1989 case” is amended as follows—
a
for “any matter described in paragraph 1(1)(a), (b) or (c) (care, supervision and protection of children) of Part 1 of Schedule 1 to the Act” substitute “any matter described in paragraph 1(1)(a), (b), (c) or (k) (care supervision and protection of children) of Part 1 of Schedule 1 to the Act”;
b
after “to the extent that it relates to any of the following provisions of the Children Act 1989” insert “or, where specified, the Social Services and Well-being (Wales) Act 2014”;
c
after paragraph (a) insert—
aa
section 119 of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty), to the extent that the individual to whom civil legal services may be provided is the child who is or would be the subject of the order;
d
in the full-out words at the end of the definition, after “under any of those provisions of the Children Act 1989” insert “or, as the case may be, section 119 of the Social Services and Well-being (Wales) Act 2014”.
I117155
In regulation 24 (payments to be disregarded from calculation of disposable income or gross income) paragraph(1)(g)—
a
for “or section 8(1)” substitute “, section 8(1)”;
b
after “the Carers and Direct Payments Act (Northern Ireland) 2002” insert “or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014”.
I118156
In regulation 40 (certain payments to be disregarded) paragraph (b)(ii)—
a
for “or section 57” substitute “, section 57”;
b
after “Health and Social Care Act 2001” insert “or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014”.
Criminal Legal Aid (Contribution Orders) Regulations 2013I119157
Regulation 10 (calculation of gross annual income) paragraph (2)(e) of the Criminal Legal Aid (Contribution Orders) Regulations 201386 is amended as follows—
a
for “or section 8(1)” substitute “, section 8(1)”;
b
after “the Carers and Direct Payments Act (Northern Ireland) 2002” insert “or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014”.
Legal Aid (Information about Financial Resources) Regulations 2013I120158
In paragraph 23 of the Schedule (prescribed benefits) to the Legal Aid (Information about Financial Resources) Regulations 201387—
a
for “or section 8(1)” substitute “, section 8(1)”;
b
after “Carers and Direct Payments Act (Northern Ireland) 2002” insert “or sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014 (direct payments)”.
School Admissions (Infant Class Sizes) (Wales) Regulations 2013I121159
In paragraph 3 of the Schedule (excepted pupils) to the School Admissions (Infant Class Sizes) (Wales) Regulations 201388, after “(within the meaning of” insert “section 74(1) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be,”.
Coroners (Investigations) Regulations 2013
I183160
The Coroners (Investigations) Regulations 201389 are amended as follows.
I122161
1
Regulation 24 (providing information to a local safeguarding children board) is amended as follows.
2
In paragraphs (1) and (2) after “Local Safeguarding Children Board” insert “or, as the case may be, the appropriate Safeguarding Children Board”.
3
In paragraph (3) in the definition of “the appropriate Local Safeguarding Children Board”—
a
omit “or 31(1)”;
b
at the end of that definition omit “and”;
c
after the definition of “the appropriate Local Safeguarding Children Board” insert the following—
“the appropriate Safeguarding Children Board” means the board established under section 134 of the Social Services and Well-being (Wales) Act 2014 within whose area the deceased died or within whose area the body was found; and
4
In the heading after “Local Safeguarding Children Board” insert “or in Wales a Safeguarding Children Board”.
I123162
In regulation 28(4)(b) (report on action to prevent other deaths)—
a
after “Local Safeguarding Children Board” insert “or as the case may be the appropriate Safeguarding Children Board”;
b
for “has” substitute “have”.
Education (Information About Individual Pupils) (England) Regulations 2013I124163
In regulation 2 (interpretation) of the Education (Information About Individual Pupils) (England) Regulations 201390 in the definition of “looked-after child” after “the 1989 Act” insert “or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014”.
Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2013
I184164
The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 201391 are amended as follows.
I125165
In regulation 2(1) (interpretation), in the appropriate place insert the following—
“Safeguarding Children Board” (“Bwrdd Diogelu Plant”) means a board established under section 134 of the Social Services and Well-being (Wales) Act 2014;
I126166
In regulation 6 (consultation) paragraph (1)(a) omit “Local”.
Social Services Complaints Procedure (Wales) Regulations 2014I127167
In regulation 2 (interpretation) of the Social Services Complaints Procedure (Wales) Regulations 201492, in the appropriate place, insert the following—
“social services functions” (“swyddogaethau gwasanaethau cymdeithasol”) means functions within the meaning of section 143 of and Schedule 2 to the Social Services and Well-being (Wales) Act 2014;
Representations Procedure (Wales) Regulations 2014
I185168
The Representations Procedure (Wales) Regulations 201493 are amended as follows.
I128169
1
Regulation 2 (interpretation) is amended as follows.
2
For the definition of “advocate” substitute the following—
“advocate” (“eiriolwr”) means a person who provides assistance under arrangements made by a local authority pursuant to section 178(1) of the Social Services and Well-being (Wales) Act 2014;
3
In the definition of “independent person” for “section 26(4) of the 1989 Act” substitute “section 174(6) of the Social Services and Well-being (Wales) Act 2014”.
4
For the definition of “representations” substitute the following—
“representations” (“sylwadau”) means representations made under section 174 or 175 of the Social Services and Well-being (Wales) Act 2014 or paragraph 6(2) of Schedule 7 to the 1989 Act;
I129170
1
Regulation 3 (general principles in handling representations) is amended as follows.
2
For paragraph (1) substitute the following—
1
Any representations procedure set up under the Social Services and Well-being (Wales) Act 2014 must be operated in accordance with the principle that, where representations are made by a category 2 or 3 young person, or under section 174(3)(a) of that Act, the welfare of the person making representations should be safeguarded and promoted.
3
After paragraph (2) insert the following—
3
In paragraph (1) “category 2 or 3 young person” has the meaning given in section 104(2) of the Social Services and Well-being (Wales) Act 2014.
I130171
In regulation 8 (specified functions under parts 4 and 5 of the 1989 Act) for “section 26(3A)(b) of the 1989 Act” substitute “section 174(2)(c) of the Social Services and Well-being (Wales) Act 2014”.
I131172
In regulation 9 (specified functions under the 2002 Act) paragraph (1) for “section 26(3B) of the 1989 Act” substitute “section 174(1)(c) and (5) of the Social Services and Well-being (Wales) Act 2014”.
I132173
1
Regulation 15 (representations made by “other persons” under section 23(3)(e), (3B)(b) or (3C)(c) of the 1989 Act) is amended as follows.
2
In paragraph (1) for “26(3)(e), (3B)(b) or (3C)(c) of the 1989 Act” substitute “174(1)(b) or (c), (3)(f), (4)(d) and (5)(b) of the Social Services and Well-being (Wales) Act 2014”.
3
In the heading for “26(3)(e), (3B)(b) or (3C)(c) of the 1989 Act” substitute “174(1)(b) or (c), (3)(f), (4)(d) and (5)(b) of the Social Services and Well-being (Wales) Act 2014”.
Education (European University Institute) (Wales) Regulations 2014I133174
Regulation 25 (interpretation) paragraph (2) of the Education (European University Institute)(Wales) Regulations 201494 is amended as follows—
a
in sub-paragraph (e) after “section 23 of the Children Act 1989” insert “or section 81 of the Social Services and Well-being (Wales) Act 2014”;
b
in sub-paragraph (f) after “dependent under section” insert “110(6) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be, section”;
c
in sub-paragraph (g) after “pursuant to section 24 of that Act” insert “or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act”.
Education (Student Support) (Wales) Regulations 2015
I186175
The Education (Student Support) (Wales) Regulations 201595 are amended as follows.
I134176
In regulation 31 (grants for dependents — interpretation) paragraph (7)—
a
in sub-paragraph (e) after “section 23 of the Children Act 1989” insert “or section 81 of the Social Services and Well-being (Wales) Act 2014”;
b
in sub-paragraph (f) after “dependant under section” insert “110(6) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be, section”;
c
in sub-paragraph (g) after “pursuant to section 24 of that Act” insert “, or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act”.
I135177
In regulation 75 (interpretation of regulation 74) paragraph (5)(e)(i), regulation 90 (support for part time courses beginning before 1 September 2014) paragraph (7)(e)(i), and regulation 92 (new part-time course grant) paragraph (6)(e)(i) after “any payment made under” insert “section 110(6) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be,”.
I136178
In regulation 100 (part-time grants for dependents – interpretation) paragraph (7)—
a
in sub-paragraph (e) after “section 23 of the Children Act 1989” insert “or section 81 of the Social Services and Well-being (Wales) Act 2014”;
b
in sub-paragraph (f) after “to the dependant under” insert “section 110(6) of the Social Services and Well-being (Wales) Act 2014 or, as the case may be,”;
c
in sub-paragraph (g) after “pursuant to section 24 of that Act” insert “, or section 104 of the Social Services and Well-being (Wales) Act 2014 in so far as that section applies to category 5 and 6 young persons within the meaning of that Act”.
I137179
In paragraph 2 (independent eligible student) sub-paragraph (1)(f) of Schedule 5 (financial assessment) after “within the meaning of” insert “section 74 of the Social Services and Well-being (Wales) Act 2014, or as the case may be,”.
National Health Service (Charges to Overseas Visitors) Regulations 2015I138180
In regulation 15 (refugees, asylum seekers, supported individuals and looked after children) of the National Health Service (Charges to Overseas Visitors) Regulations 201596—
a
omit paragraph (d)(ii);
b
in paragraph (d)(iii) after “Care Act 2014” insert “or section 35 or 36 of the Social Services and Well-being (Wales) Act 2014,”
c
in paragraph (e), after “the Children Act 1989” insert “or, as the case may be, section 74(1) of the Social Services and Well-being (Wales) Act 2014 (child or young person looked after by a local authority)”.
Children’s Homes (England) Regulations 2015
I187181
The Children’s Homes (England) Regulations 201597 are amended as follows.
I139182
In regulation 2 (interpretation) paragraph (1) in the definition of “independent reviewing officer” after “1989” insert “or section 99 of the Social Services and Well-being (Wales) Act 2014”.
I140183
In regulation 22 (contact and access to communications) in paragraph (1)(f) after “1989” insert “or section 98 of the Social Services and Well-being (Wales) Act 2014 (independent visitors for looked after children)”.
I141184
In regulation 41 (notification with respect to children admitted into or discharged from a children’s home) paragraph (3)(b) after “1989” insert “or, in the case of a child placed by a local authority in Wales, whether the child is provided with accommodation under section 76 or 77 of the Social Services and Well-being (Wales) Act 2014”.
Education (Inspection of Nursery Education) (Wales) Regulations 2015I142185
In regulation 3 (inspection reports) paragraph (2)(e) of the Education (Inspection of Nursery Education) (Wales) Regulations 201598, for “section 18 of the Children Act 1989” substitute “Parts 2 and 4 of the Social Services and Well-being (Wales) Act 2014”.
National Health Service (General Medical Services Contracts) Regulations 2015I143186
In regulation 80 (co-operation with investigations) paragraph (2) of the National Health Service (General Medical Services Contracts) Regulations 201599, in the definition of “local authority”—
a
at the end of paragraph (b) omit “or”;
b
at the end of paragraph (c) for “and” substitute “or”;
c
after paragraph (c) insert—
d
the council of a county or county borough in Wales; and
National Health Service (Personal Medical Services Agreements) Regulations 2015I144187
In regulation 73 (co-operation with investigations) paragraph (2) of the National Health Service (Personal Medical Services Agreements) Regulations 2015100, in the definition of “local authority”—
a
at the end of paragraph (b) omit “or”;
b
at the end of paragraph (c) for “and” substitute “or”;
c
after paragraph (c) insert—
d
the council of a county or county borough in Wales; and