The Carers (Services) and Direct Payments (Amendment) (Wales) Regulations 2001

• Citation: S.I. 2001/2186 (W.)
• Sections: 4

Section 1 Citation, commencement, interpretation and application

(1) These Regulations may be cited as the Carers (Services) and Direct Payments (Amendment) (Wales) Regulations 2001 and shall come into force on 1st July 2001.

(2) In these Regulations—

“ the Act ” (“ y Ddeddf ”) means the Carers and Disabled Children Act 2000;

“the 1996 Act ” (“ Deddf 1996 ”) means the Community Care (Direct Payments) Act 1996; and

“the 1997 Regulations ” (“ Rheoliadau 1997 ”) means the Community Care (Direct Payments) Regulations 1997 .

(3) These Regulations apply to Wales only.

Section 2 Services of an intimate nature and prescribed circumstances

(1) For the purposes of section 2(3) of the Act a service delivered to the person cared for is of an intimate nature if it involves—

(a) lifting, washing, grooming, feeding, dressing, bathing, toileting, administering medicines, or activities of a similar kind involving physical contact with the person cared for;

(b) assistance in connection with washing, grooming, feeding, dressing, bathing administration of medicines or using the toilet; or

(c) supervising the person whilst the person is dressing, bathing, or using the toilet.

(2) Where a service is being delivered to the person cared for the circumstances in which the service may include a service of an intimate nature are where—

(a) during the delivery of that service the person cared for asks the person delivering the service to provide a service of an intimate nature; or

(b) the person cared for is in a situation in which he or she is likely to suffer serious personal harm unless a service of an intimate nature is provided to him or her and

(i) the person cared for is unable to consent to the provision of that service, or

(ii) the person providing the service reasonably believes it is necessary to provide that service because the likelihood of serious personal harm to the person cared for is imminent.

Section 3 Persons to whom direct payments may not be made

A person who comes within any one of the categories of people described in regulation 2(2)(b) to (n) of the 1997 Regulations is specified for the purposes of section 1(1)(b)(ii) of the 1996 Act.

Section 4 Amendment of the 1997 Regulations

In regulation 2(1) of the 1997 Regulations for the words “section 1(1)(b) of the Act” there shall be substituted “section 1(1)(b)(i) of the Act”.