(as introduced by section 25)
SCHEDULE 2DIRECT PAYMENTS FOR HEALTH CARE: MINOR AND CONSEQUENTIAL AMENDMENTS
Mental Health Act 1983 (c. 20)
1(1)The Mental Health Act 1983 is amended as follows.
(2)In section 117(2C)—
(a)at the end of paragraph (a)(ii) omit “or”;
(b)at the end of paragraph (a)(iii), for “and” substitute “or”;
(c)after paragraph (a)(iii) insert—
“(iv)regulations under section 10B(6) of the National Health Service (Wales) Act 2006, and”.
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
2(1)The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows.
(2)In section 2(5), after paragraph (aa) insert—
“(ab)in hospital accommodation in Wales or in England in respect of the provision of which direct payments are made under section 10B(1) of the National Health Service (Wales) Act 2006, or”.
National Health Service (Wales) Act 2006 (c. 42)
3(1)The National Health Service (Wales) Act 2006 is amended as follows.
(2)In section 184—
(a)in subsection (2)—
(i)in paragraph (b), after “local NHS bodies” insert “, direct payment service providers”;
(ii)in paragraph (c), after “local NHS bodies” insert “or direct payment service providers”;
(iii)in paragraph (d), after “local NHS bodies” insert “or direct payment service providers”;
(iv)in paragraph (e), after “local NHS body” insert “or a direct payment service provider”;
(v)in paragraph (f), after “local NHS body” insert “or a direct payment service provider”;
(b)after subsection (3) insert—
“(3A)For the purposes of subsection (2) and section 186, “direct payment service provider in relation to an overview and scrutiny committee of a local authority means a person who provides services to any person residing in the authority’s area in respect of which direct payments have been made under section 10B(1), or under regulations made under section 10B(6).”
(3)In section 186(3)—
(a)at the end of paragraph (a) omit “or”;
(b)after paragraph (a) insert—
“(ab)by adding any description or other provision in connection with a direct payment service provider or services provided by, or under arrangements made by, a direct payment service provider, or”.
(4)In section 187—
(a)in subsection (2)—
(i)in paragraph (a), before “health service body” insert “direct payment service provider,”;
(ii)in paragraph (ca), before “health service body” insert “direct payment service provider,”;
(b)in subsection (3), in the appropriate place insert—
““direct payment service provider means a person who provides services to any person in respect of which direct payments have been made under section 10B(1), or under regulations made under section 10B(6),”.
(5)In section 207, in the appropriate place insert—
| “direct payment service provider | section 187(3)” |
Safeguarding Vulnerable Groups Act 2006 (c. 47)
4(1)The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
(2)In section 6, after subsection (8E) insert—
“(8F)The Welsh Ministers do not make arrangements for another to engage in a regulated activity by virtue of anything the Welsh Ministers do under section 10B, or under regulations under section 10C, of the National Health Service (Wales) Act 2006.
(8G)A Local Health Board does not make arrangements for another to engage in a regulated activity by virtue of anything it does under regulations under section 10B(6) of the National Health Services (Wales) Act 2006.”
Criminal Justice and Courts Act 2015 (c. 2)
5(1)The Criminal Justice and Courts Act 2015 is amended as follows.
(2)In section 21, in subsection (8), after paragraph (b) insert—
“(ba)section 10B of the National Health Service (Wales) Act 2006 (c. 42) (direct payments for health care);
(bb)regulations under section 10B(6) of the National Health Service (Wales) Act 2006 (direct payments for after-care made by Local Health Boards);”.
Public Services Ombudsman (Wales) Act 2019 (anaw 3)
6(1)The Public Services Ombudsman (Wales) Act 2019 is amended as follows.
(2)In section 1(5)—
(a)in paragraph (a), for “and palliative care providers” substitute “, palliative care providers and direct payment service providers”;
(b)in paragraph (b), for “and palliative care” substitute “, palliative care and direct payment services”;
(c)in paragraph (c), for “the social care and palliative care matters” substitute “the matters relating to social care, palliative care and direct payment services”;
(d)in paragraph (d), for “and palliative care” substitute “, palliative care and direct payment services”;
(e)in paragraph (e), for “and palliative care” substitute “, palliative care and direct payment services”.
(3)In the heading of Part 5, for “and palliative care” substitute “, palliative care and direct payment services”.
(4)In section 42—
(a)in subsection (1), after paragraph (c) insert—
“(d)action taken by a direct payment service provider in connection with the provision of direct payment services.”;
(b)in subsection (6)—
(i)for “64” substitute “64A”;
(ii)in the appropriate places insert—
““direct payment service” (“gwasanaeth taliadau uniongyrchol”);”;
““direct payment service provider” (“darparwr gwasanaeth taliadau uniongyrchol);”.
(5)In section 47(2)—
(a)at the end of paragraph (c) omit “or”;
(b)after “a listed authority” insert “, or
(e)a direct payment service provider.”
(6)After section 64 insert—
“64AMeaning of “direct payment service” and “direct payment service provider”
(1)This section applies for the purposes of this Act.
(2)“Direct payment service” means a service provided in Wales or in England in respect of which direct payments have been made under section 10B(1), or under regulations made under section 10B(6), of the National Health Service (Wales) Act 2006 (c. 42).
(3)“Direct payment service provider” means a person who provides direct payment services but does not include an individual who—
(a)carries on an activity that involves the provision of domiciliary care in Wales or in England in respect of which direct payments have been made under section 10B(1), or under regulations made under section 10B(6), of the National Health Service (Wales) Act 2006,
(b)carries on the activity otherwise than in partnership with others,
(c)is not employed by a body corporate or unincorporated association to carry it on,
(d)does not employ any other person to carry out the activity, and
(e)provides or arranges the provision of domiciliary care to fewer than four people.
(4)Action is to be treated as action taken by a direct payment service provider if it is taken by—
(a)a person employed by that provider,
(b)a person acting on behalf of that provider, or
(c)a person to whom that provider has delegated any functions.
(5)Action is also to be treated as action taken by a direct payment service provider if—
(a)that provider provides direct payment services by means of an arrangement with another person, and
(b)the action is taken by or on behalf of the other person in carrying out the arrangement.”
(7)In section 71(1)(d)(i), for “or independent palliative care provider” substitute “, independent palliative care provider or direct payment service provider”.
(8)In section 78(1), in the appropriate places insert—
““direct payment service” (“gwasanaeth taliadau uniongyrchol”) has the meaning given by section 64A(2);”
““direct payment service provider” (“darparwr gwasanaeth taliadau uniongyrchol) has the meaning given by section 64A(3);”.
(9)In section 79—
(a)after subsection (1)(f) insert—
“(g)former direct payment service providers.”;
(b)after subsection (7) insert—
“(7A)“Former direct payment service provider” means a person who—
(a)at the relevant time, provided direct payment services of a particular description, and
(b)subsequently ceased to do so (whether or not the person has later started to do so again).”
(10)In Schedule 1—
(a)in paragraph 6(1)(f) for “or independent palliative care provider;” substitute “, independent palliative care provider or direct payment service provider;”;
(b)in paragraph 15(7)(a) for “or independent palliative care provider” substitute “, independent palliative care provider or direct payment service provider”.