The Care Act 2014 (Commencement No.2) Order 2014

• Citation: S.I. 2014/2473
• Sections: 7

Section 1 Citation and interpretation

(1) This Order may be cited as the Care Act 2014 (Commencement No.2) Order 2014.

(2) In this Order, “ the Act ” means the Care Act 2014.

Section 2 Provisions relating to care and support coming into force on 1st October 2014

(1) 1st October 2014 is the day appointed for the coming into force of the following provisions of the Act so far as is necessary for enabling the exercise of any power to make regulations that is conferred by those provisions or an amendment made by them—

(a) section 2(3) and (4) (preventing needs for care and support);

(b) section 12(1) and (2) (assessments under sections 9 and 10: further provision);

(c) section 13(7) and (8) (the eligibility criteria);

(d) section 14(5) to (8) (power of local authority to charge);

(e) section 17(7) and (9) to (13) (assessment of financial resources);

(f) section 22(4)(a) and (6) (exception for provision of health services);

(g) section 23(1)(b) (exception for provision of housing etc );

(h) section 26(4) (personal budget);

(i) section 30 (cases where adult expresses preference for particular accommodation);

(j) section 33(1) and (2) (direct payments: further provision);

(k) sections 34(1), (2) and (4) to (8) (deferred payment agreements and loans) and 35 (deferred payment agreements and loans: further provision);

(l) section 38(8) (case where assessments not complete on day of move);

(m) section 39(1) and (3) (where a person’s ordinary residence is);

(n) section 40(4) (disputes about ordinary residence or continuity of care);

(o) section 52(12) (meaning of business failure);

(p) section 53(1) and (2) (specifying criteria for application of market oversight regime) and section 53(7) (specifying criteria for application of market oversight regime) insofar as it relates to those subsections;

(q) section 55(5) (assessment of financial sustainability of care provider);

(r) section 62(2) (power to meet child’s carer’s needs for support);

(s) section 65(1) (assessments under sections 58 to 64: further provision);

(t) section 67(7) (involvement in assessments, plans etc);

(u) section 75(6) (after-care under the Mental Health Act 1983);

(v) section 77(2) (registers of sight-impaired adults, disabled adults etc ) ;

(w) section 80(1) (interpretation);

(x) paragraphs 1(6) and (7), 2(9) and (10), 4(5) and (6), 5(9) to (11) and 11 of Schedule 1 (cross-border placements) and section 39(8) (where a person’s ordinary residence is) insofar as it relates to those paragraphs;

(y) paragraphs 2(5)(b), 4(6), 6 and 8 of Schedule 3 (discharge of hospital patients with care and support needs) and section 74 (discharge of hospital patients with care and support needs) insofar as it relates to those paragraphs; and

(z) paragraphs 1(10) and (11) of Part 1 of Schedule 4 (after-care under the Mental Health Act 1983: direct payments), and section 75(7) insofar as it relates to those paragraphs.

(2) 1st October 2014 is the day appointed for the coming into force of paragraph 3(4) of Schedule 1 (amendments to the Community Care and Health (Scotland) Act 2002) and section 39(8) (where a person’s ordinary residence is) insofar as it relates to that paragraph.

Section 3 Provisions relating to care standards coming into force on 1st October 2014

1st October 2014 is the day appointed for the coming into force of the following provisions of the Act—

(a) section 86 (restriction on applications for variation or removal of conditions);

(b) section 87 (rights of appeal);

(c) section 88 (unitary board);

(d) section 89 (Chief Inspectors);

(e) section 90 (independence of the Care Quality Commission); and

(f) section 95 (training for persons working in regulated activity).

Section 4 Provisions relating to health coming into force on 1st October 2014

(1) 1st October 2014 is the day appointed for the coming into force of the following provisions of the Act so far as is necessary for enabling the exercise of any power to make regulations or orders or to give directions that is conferred by those provisions—

(a) section 96(4) (Health Education England);

(b) section 104(3)(b), (4) and (13)(a) (LETBs: appointment etc);

(c) section 105(1) and (4) (LETBs: co-operation by providers of health services);

(d) section 109(4) (the Health Research Authority);

(e) section 119 (chapters 1 and 2: interpretation and supplementary provision) insofar as it relates to Health Education England ;

(f) paragraph 2(1) and (2), 25 and 26 of Schedule 5 (Health Education England: membership) and section 96(2) (Health Education England) insofar as it relates to thoset paragraphs; and

(g) paragraph 2(8) of Schedule 6 (Local Education and Training Boards) and section 104(14) (LETBs: appointment etc) insofar as it relates to that paragraph.

(2) 1st October 2014 is the day appointed for the coming into force of the following sections of the Act—

(a) section 97(7) (planning education and training for health care workers etc); and

(b) section 118 (transfer orders).

Section 5 Provisions relating to health coming into force on 1st January 2015

1st January 2015 is the day appointed for the coming into force of the following provisions of the Act—

(a) section 109 (the Health Research Authority) insofar as it is not already in force;

(b) section 110 (the HRA ’s functions);

(c) section 111 (co-ordinating and promoting regulatory practice etc);

(d) section 112 (the HRA’s policy on research ethics committees) ;

(e) section 113 (approval of research);

(f) section 114 (recognition by the HRA);

(g) section 115 (establishment by the HRA);

(h) section 116 (membership of the United Kingdom Ethics Committee Authority);

(i) section 117 (approval for processing confidential patient information);

(j) section 119 (chapters 1 and 2: interpretation and supplementary provision) insofar as it relates to the Health Research Authority ;

(k) section 122(1) (the Health and Social Care Information Centre: restrictions on dissemination of information) insofar as it is not already in force;

(l) section 122(4) (the Health and Social Care Information Centre: restrictions on dissemination of information);

(m) Schedule 7 (the Health Research Authority) insofar as it is not already in force; and

(n) Schedule 8 (research ethics committees: amendments).

Section 6 Provisions relating to health and social care coming into force on 1st October 2014

1st October 2014 is the day appointed for the coming into force of section 121 of the Act (integration of care and support with health services etc: integration fund).

Section 7 Transitory modification in respect of the commencement of section 17(8) of the Act

(1) Subject to paragraph (2), 1st October 2014 is the day appointed for the coming into force of subsection (8) of section 17 of the Act (assessment of financial resources) so far as is necessary for enabling the exercise of the power to make regulations that is conferred by that subsection.

(2) Until section 15(1) of the Act (cap on care costs) comes into force, subsection (8) of section 17 of the Act (assessment of financial resources) is to be read as if the words after “(but need not)” to the end of the subsection were substituted with the words “pay towards the cost of provision of care and support to the adult.”.