Decision No. 8/16 - Time and Place of the Next Meeting of the OSCE Ministerial Council
In section 1 of the Carers (Recognition and Services) Act 1995 (c. 12) (assessment of ability of carers to provide care), after subsection (2A) there is inserted—
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In section 1 of the Carers (Recognition and Services) Act 1995 (c. 12) (assessment of ability of carers to provide care), after subsection (2B) (inserted by section 1) there is inserted—
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If a local authority requests an authority mentioned in subsection (5) to assist it in planning the provision of services to persons— the authority mentioned in subsection (5) must give due consideration to the request.
entitled to an assessment under any of the provisions mentioned in subsection (4), or
for whom those persons provide, or intend to provide, a substantial amount of care on a regular basis,
Subsection (3) applies if—
under a provision mentioned in subsection (4) a local authority is assessing, or has assessed, the ability of a person (“the carer”) to provide and to continue to provide care for another person (“the person cared for”), and
the local authority forms the view that the carer’s ability to provide and to continue to provide care for the person cared for might be enhanced by the provision of services (whether for the carer or the person cared for) by an authority mentioned in subsection (5).
If the local authority requests such an authority to provide any such services the authority or person must give due consideration to the request.
The provisions are—
section 1 of the Carers (Recognition and Services) Act 1995 (c. 12), and
sections 1 and 6 of the Carers and Disabled Children Act 2000 (c. 16).
The authorities are—
any other local authority,
any local education authority,
any local housing authority, and
any Special Health Authority, Local Health Board, Primary Care Trust, National Health Service Trust or NHS foundation trust.
Subsections (1) and (3) do not apply in relation to any action which could be the subject of a request by the local authority to the authority mentioned in subsection (5) under section 27 of the Children Act 1989 (c. 41).
In this section—
“local authority” has the same meaning as in section 46 of the National Health Service and Community Care Act 1990 (c. 19),
“local education authority” has the same meaning as in the Education Act 1996 (c. 56), and
“local housing authority” has the same meaning as in the Housing Act 1985 (c. 68).
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There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.
This Act may be cited as the Carers (Equal Opportunities) Act 2004.
Apart from this section, this Act comes into force on such day as may be appointed by order made by statutory instrument.
An order under subsection (2) is to be made—
in relation to England, by the Secretary of State, and
in relation to Wales, by the National Assembly for Wales.
Different days may be appointed for different provisions or for different purposes.
The Secretary of State may by order made by statutory instrument provide that section 3 of this Act shall have effect in its application to the Isles of Scilly with such modifications as are specified in the order.
A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This Act extends to England and Wales only.