The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 No. 413 (W. 131)

Mental Capacity Act 2005 (c. 9) E+W

226.  The Mental Capacity Act 2005 is amended as follows. E+W

Commencement Information

I1 Reg. 226 in force at 6.4.2016, see reg. 2(1)

227.  In section 39(1) (provision of accommodation by local authority), in subsection (2)— E+W

(a) for paragraph (a) substitute—

“(a) Part 4 of the Social Services and Well-being (Wales) Act 2014; or”;

(b) omit the words following paragraph (b).

Commencement Information

I2 Reg. 227 in force at 6.4.2016, see reg. 2(1)

228.  In section 64 (interpretation), in the definition of “social services function”— E+W

(a) after “function” insert

“—

(a)

in relation to England”;

(b) at the end insert—

“(b) in relation to Wales, has the meaning given in section 143 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).”

Commencement Information

I3 Reg. 228 in force at 6.4.2016, see reg. 2(1)

229.  In paragraph 183 of Schedule A1(2) (deprivation of liberty of hospital or care home residents: ordinary residence for the purpose of identifying supervisory authority)— E+W

(a) omit sub-paragraphs (1) and (2);

(b) after sub-paragraph (2A) insert—

“(2B) Section 194(1), (2), (4) and (5) of the Social Services and Well-being (Wales) Act 2014 apply to a determination of where a person is ordinarily resident for the purposes of paragraphs 180, 181 and 182 as it applies for the purposes of that Act.”

Commencement Information

I4 Reg. 229 in force at 6.4.2016, see reg. 2(1)

(1)

Section 39 was amended by S.I. 2015/914, Schedule, paragraphs 78, 79(1) to (4). There are other amendments which are not relevant.

(2)

Schedule A1 was inserted by the Mental Health Act 2007 (c. 12), Schedule 7.