The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016

• Citation: S.I. 2016/211 (W.)
• Sections: 214

Section 1 Title and commencement

(1) The title of these Regulations is the Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016.

(2) These Regulations come into force on 6 April 2016.

Section 2 Revocations and disapplication

(1) The Regulations specified in the first column of Schedule 1 are revoked to the extent specified in relation to each in the third column.

(2) The Regulations specified in the first column of Schedule 2 are disapplied in relation to Wales to the extent specified in relation to each in the third column.

Section 3 Consequential amendments

Schedule 3 (which makes amendments consequential upon provisions of the Act) has effect.

Section 4 Savings and transitional provision

Schedule 4 (which makes savings and transitional provision) has effect.

Section 1 Local Government (Compensation) Regulations 1974

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 1974 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.

Section 2 Fire Services (Compensation) Regulations 1974

For paragraph 8 of the Schedule to the Fire Services (Compensation) Regulations 1974 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.

Section 3 Police (Compensation) Regulations 1974

For paragraph 8 of the Schedule to the Police (Compensation) Regulations 1974 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.

Section 4 National Health Service (General Ophthalmic Services) Regulations 1986

(1) Regulation 13 (sight tests – eligibility) of the National Health Service (General Ophthalmic Services) Regulations 1986 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;

Section 5 Council Tax (Liability for Owners) Regulations 1992

In regulation 2 (classes of chargeable dwellings) of the Council Tax (Liability for Owners) Regulations 1992 , 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

Section 6 National Health Service Pension Scheme Regulations 1995

In paragraph 1 of Schedule 2 (medical and dental practitioners) to the National Health Service Pension Scheme Regulations 1995 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;

Section 7 Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995

The Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995 are amended as follows.

Section 8 Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995

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”.

Section 9 Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995

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.”.

Section 10 Education (Areas to which Pupils and Students Belong) Regulations 1996

In regulation 2 (interpretation) paragraph (1) of the Education (Areas to which Pupils and Students Belong) Regulations 1996 , 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”.

Section 11 Housing Renewal Grants Regulations 1996

The Housing Renewal Grants Regulations 1996 are amended as follows.

Section 12 Housing Renewal Grants Regulations 1996

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”.

Section 13 Housing Renewal Grants Regulations 1996

(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”.

Section 14 Housing Renewal Grants Regulations 1996

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”.

Section 15 Housing Renewal Grants Regulations 1996

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”.

Section 16 Housing Renewal Grants Regulations 1996

(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”.

Section 17 Housing Renewal Grants Regulations 1996

(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)”.

Section 18 Housing Renewal Grants Regulations 1996

(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”.

Section 19 National Health Service (Optical Charges and Payments) Regulations 1997

The National Health Service (Optical Charges and Payments) Regulations 1997 are amended as follows.

Section 20 National Health Service (Optical Charges and Payments) Regulations 1997

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;

Section 21 National Health Service (Optical Charges and Payments) Regulations 1997

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”.

Section 22 Education (Assisted Places) Regulations 1997

The Education (Assisted Places) Regulations 1997 are amended as follows.

Section 23 Education (Assisted Places) Regulations 1997

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”.

Section 24 Education (Assisted Places) Regulations 1997

(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.

Section 25 Secure Training Centre Rules 1998

The Secure Training Centre Rules 1998 are amended as follows.

Section 26 Secure Training Centre Rules 1998

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”.

Section 27 Secure Training Centre Rules 1998

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”.

Section 28 Education (Publication of Local Authority Inspection Reports) Regulations 1998

In regulation 4(1)(k) of the Education (Publication of Local Authority Inspection Reports) Regulations 1998 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”.

Section 29 Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000

In regulation 4 (descriptions of disabled persons) paragraph (2)(c) of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 —

(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”.

Section 30 Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 2000

In regulation 4 (descriptions of disabled persons) paragraph (2)(c) of the Disabled Persons (Badges for Motor Vehicles) (Wales) Regulations 2000 —

(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”.

Section 31 National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000

The National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000 are amended as follows.

Section 32 National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000

(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;

Section 33 National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000

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”.

Section 34 Representation of the People (England and Wales) Regulations 2001

The Representation of the People (England and Wales) Regulations 2001 are amended as follows.

Section 35 Representation of the People (England and Wales) Regulations 2001

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”.

Section 36 Representation of the People (England and Wales) Regulations 2001

(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”.

Section 37 Representation of the People (England and Wales) Regulations 2001

In the heading for “blindness” substitute “severe sight-impairment”.

Section 38 Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001

In regulation 4 (references to parents) of the Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001 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”.

Section 39 Education (Special Education Needs) (Wales) Regulations 2002

The Education (Special Education Needs) (Wales) Regulations 2002 are amended as follows.

Section 40 Education (Special Education Needs) (Wales) Regulations 2002

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”.

Section 41 Education (Special Education Needs) (Wales) Regulations 2002

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;

Section 42 Police Act 1997 (Criminal Records) Regulations 2002

The Police Act 1997 (Criminal Records) Regulations 2002 are amended as follows.

Section 43 Police Act 1997 (Criminal Records) Regulations 2002

In regulation 2 (interpretation) for the definition of “social services functions” substitute the following—

“social services functions”—

in relation to a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970, and

in relation to a local authority in Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014;

Section 44 Police Act 1997 (Criminal Records) Regulations 2002

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);

Section 45 Care Homes (Wales) Regulations 2002

In regulation 2 (interpretation) paragraph (1) of the Care Homes (Wales) Regulations 2002 —

(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;”.

Section 46 Children’s Homes (Wales) Regulations 2002

In regulation 15 (contact and access to communications) of the Children’s Homes (Wales) Regulations 2002 , in paragraph (2)(e), after “visitor for the child under” insert “section 98 of the Social Services and Well-being (Wales) Act 2014 or”.