Moved by
Earl Howe
92AM: Clause 49, page 40, line 2, leave out “or 48(3)” and insert “, (Temporary duty on local authority in Wales)(3) or (Temporary duty on Health and Social Care trust in Northern Ireland)(3)”
92AN: Clause 49, page 40, line 4, leave out “or 48(3)”
92AP: Clause 49, page 40, line 5, at end insert—
“( ) Section 20 of the Social Services and Well-being (Wales) Act 2013 (how to meet needs) applies to meeting needs under section (Temporary duty on local authority in Wales)(3) as it applies to meeting needs under section 21 of that Act.”
92AQ: Clause 49, page 40, line 7, leave out “or 48(3)” and insert “, (Temporary duty on local authority in Wales)(3) or (Temporary duty on Health and Social Care trust in Northern Ireland)(3)”
92AR: Clause 49, page 40, line 13, after “47(2)” insert “, (Temporary duty on local authority in Wales)(3) or (Temporary duty on Health and Social Care trust in Northern Ireland)(3)”
92AS: Clause 49, page 40, line 21, leave out “sections 47(2) and 48(3)” and insert “section 47(2)”
92AT: Clause 49, page 40, line 21, at end insert—
“(6A) Sections 30 to 33 of the Social Services and Well-being (Wales) Act 2013 (exceptions to, and restrictions on, duty to meet needs) apply to meeting needs under section (Temporary duty on local authority in Wales)(3) as they apply to meeting needs under section 21 of that Act.”
92AU: Clause 49, page 40, line 30, leave out “or 48(3)”
92AV: Clause 49, page 40, line 34, leave out “and 48” and insert “, (Temporary duty on local authority in Wales) and (Temporary duty on Health and Social Care trust in Northern Ireland)”
92AW: Clause 49, page 40, line 37, at end insert—
“( ) Pending the commencement of Part 4 of the Social Services and Well-being (Wales) Act 2013—
(a) a reference in section (Section 47: cross-border cases) or (Temporary duty on Health and Social Care trust in Northern Ireland) to making arrangements to meet needs under section 21 or 22 of that Act is to be read as a reference to making arrangements or providing services under—
(i) Part 3 of the National Assistance Act 1948,
(ii) section 45 of the Health Services and Public Health Act 1968,
(iii) section 117 of the Mental Health Act 1983, or
(iv) Schedule 15 to the National Health Service (Wales) Act 2006;
(b) a reference in section (Section 47: cross-border cases) or (Temporary duty on Health and Social Care trust in Northern Ireland) to making arrangements to meet needs under section 26 or 29 of that Act is to be read as a reference to providing services as referred to in section 2 of the Carers and Disabled Children Act 2000;
(c) a reference in section (Section 47: cross-border cases) or (Temporary duty on Health and Social Care trust in Northern Ireland) to making direct payments under section 34 or 36 of that Act is to be read as a reference to making direct payments by virtue of section 57 of the Health and Social Care Act 2001;
(d) subsection (6A) is to be read as if there were substituted for it—
“(6A) Sections 21(1A) and (8) and 29(6) of the National Assistance Act 1948 apply to meeting needs under section (Temporary duty on local authority in Wales)(3) as they apply to the exercise of functions under sections 21 and 29 of that Act by a local authority in Wales (within the meaning given in paragraph 8 of Schedule 1).”
92AX: Clause 49, page 40, line 37, at end insert—
“( ) Pending the commencement of section 5 of the Social Care (Self-directed Support) (Scotland) Act 2013—
(a) sections (Section 47: cross-border cases)(2)(b)(ii) and (Temporary duty on local authority in Wales)(2)(b)(ii) are to be read as if there were substituted for each of them—
“(ii) under section 12B of the Social Work (Scotland) Act 1968,”, and
(b) section (Temporary duty on Health and Social Care trust in Northern Ireland)(2)(b)(iii) is to be read as if there were substituted for it—
“(iii) under section 12B of the Social Work (Scotland) Act 1968.”.”