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The Health and Social Care Act 2001 (Commencement No. 5) (Wales) Order 2003

W.S.I. 2003/939 · Made 26 March 2003

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NATIONAL ASSISTANCE SERVICES, WALES

Made 26th March 2003

The National Assembly for Wales, in exercise of the powers conferred on it by sections 64(6) and 70(2) of the Health and Social Care Act 2001f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2001 c. 15.

Contents

  1. 1Citation, interpretation and application
  2. 2Appointed Day
  3. Signature
  4. Schedule 1PROVISIONS OF THE ACT COMING INTO FORCE ON 1 APRIL 2003
  5. Explanatory note

1Citation, interpretation and application

(1)

This Order may be cited as the Health and Social Care Act 2001 (Commencement No.5) (Wales) Order 2002.

(2)

In this Order, the Health and Social Care Act 2001 is referred to as “the Act”.

(3)

This Order applies to Wales only.

2Appointed Day

The day appointed for the coming into force of the provisions of the Act specified in the Schedule to this Order is 1st April 2003.

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1.

D. Elis-Thomas

The Presiding Officer of the National Assembly for Wales

26th March 2003

Schedule 1PROVISIONS OF THE ACT COMING INTO FORCE ON 1 APRIL 2003

Provisions of the ActSubject matter
Section 53Disregarding of resources when determining need for residential accommodation
Section 54 in so far as it has not already been brought into force by section 70(2)Funding by resident etc. of more expensive accommodation
Section 55Power for local authorities to take charges on land instead of contributions

Explanatory note

(This note is not part of the Order)

This Order is the fifth Commencement Order made under the Health and Social Care Act 2001 (“the Act”) in relation to Wales.

This Order appoints 1st April 2003 as the day on which the following sections of the Act are to come into force in Wales. The provisions allow for changes to the way that local authorities charge for residential accommodation under Part 3 of the National Assistance Act 1948.

Section 53 gives the National Assembly for Wales the power to make regulations to determine what part of a person’s resources are disregarded in determining whether or not they have a need for accommodation.

Section 54 allows the National Assembly for Wales to make regulations permitting additional payments to be made, by or on behalf of a resident, for accommodation whose cost is more than a local authority would usually expect to pay.

Section 55 allows a local authority to enter into an agreement (“a deferred payment agreement”) with a person who needs accommodation to allow that person not to make payments for the accommodation but to accrue a debt which is secured by way of a charge on the person’s home.