Section 64 — Amendment of Destitute Persons Act 1989

In the Destitute Persons Act 1989 —

(a)in section 2(1), after the definition of “Director‑General”, insert —“ “key appointment holder”, in relation to a licensee, has the meaning given by section 2(1) of the Social Residential Homes Act 2025; “licensee”, in relation to a welfare home, means a person who is authorised to operate the welfare home under a licence granted or deemed to be granted under the Social Residential Homes Act 2025; “person‑in‑charge”, in relation to a welfare home, has the meaning given by section 2(1) of the Social Residential Homes Act 2025, except that —

(a)every reference to a licensable SRH to which a licensee’s licence relates or a licensable SRH, is a reference to the welfare home that is licensed under the Social Residential Homes Act 2025; and

(b)every reference to a licensee is a reference to the licensee of the welfare home;”; (b) in section 2(1), delete the definition of “superintendent”;

(c)in section 3(2) and (4), replace “If” with “Subject to section 7(2), if”;

(d)in section 7, replace subsections (2) and (3) with —“(2) Despite subsection (1), the Director‑General must not arrange for a person to be temporarily admitted into a welfare home or require a person to reside in a welfare home unless the operation of the welfare home is authorised by a licence under the Social Residential Homes Act 2025.”;

(e)delete section 8;

(f)in section 9, delete paragraph (a);

(g)in section 16(b), delete “without permission of the superintendent,”;

(h)in section 16(b), after “section 5”, insert “, without the permission of the person‑in‑charge of the welfare home”; and

(i)in section 16(c), replace “the permission of the superintendent leaves a” with “the permission of the person‑in‑charge of a welfare home to leave the”. “(2) Despite subsection (1), the Director‑General must not arrange for a person to be temporarily admitted into a welfare home or require a person to reside in a welfare home unless the operation of the welfare home is authorised by a licence under the Social Residential Homes Act 2025.”;