Moved by
Earl Howe
129: Clause 71, page 59, line 35, after “services”” insert “, in relation to a person,”
130: Clause 71, page 59, line 37, leave out “mental disorder of the person concerned” and insert “person’s mental disorder”
131: Clause 71, page 59, line 41, leave out “the” and insert “mental”
132: Clause 71, page 60, line 28, after “purpose” insert “Part 1 of”
133: Clause 71, page 60, line 29, at end insert—
“(7A) In section 37 of the Social Services and Well-being (Wales) Act 2013 (direct payments: further provision), at the end insert—
“(11) The ways in which a local authority may discharge its duty under section 117 of the Mental Health Act 1983 include by making direct payments; and for that purpose Schedule A1 (which includes modifications of sections 34 and 35 and this section) has effect.”
(7B) Before Schedule 1 to that Act insert the Schedule A1 contained in Part 2 of Schedule 4 to this Act.
(7C) In section 163 of that Act (ordinary residence), after subsection (4) insert—
“(4A) A person who is being provided with accommodation under section 117 of the Mental Health Act 1983 (after-care) is to be treated for the purposes of this Act as ordinarily resident in the area of the local authority, or the local authority in England, on which the duty to provide that person with services under that section is imposed.”
(7D) In consequence of subsections (7) to (7B), in subsection (2C) of section 117 of the Mental Health Act 1983—
(a) in paragraph (a), for “regulations under section 57 of the Health and Social Care Act 2001 or” substitute “—
(i) sections 31 to 33 of the Care Act 2013 (as applied by Schedule 4 to that Act),
(ii) sections 34, 35 and 37 of the Social Services and Well-being (Wales) Act 2013 (as applied by Schedule A1 to that Act), or
(iii) regulations under”,
(b) in paragraph (b), after “apart from” insert “those sections (as so applied) or”.”
134: Clause 71, page 60, line 33, at end insert—
“( ) In section 145 of the Mental Health Act 1983 (interpretation), for the definition of “local social services authority” substitute—
““local social services authority” means—
(a) an authority in England which is a local authority for the purposes of Part 1 of the Care Act 2013, or
(b) an authority in Wales which is a local authority for the purposes of the Social Services and Well-being (Wales) Act 2013.””
Amendments 129 to 134 agreed.
Schedule 4: After-care under the Mental Health Act 1983: direct payments
Amendments 135 and 136