Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001 and shall come into force on 1st April 2001.

(2) In these Regulations—

“the Act” means the Carers and Disabled Children Act 2000;

“the 1996 Act” means the Community Care (Direct Payments) Act 1996; and

“the 1997 Regulations” means the Community Care (Direct Payments) Regulations 1997( 3 ).

(3) These Regulations extend to England only.

Services of an intimate nature and prescribed circumstances

2. —(1) For the purposes of section 2(3) of the Act a service delivered to the person cared for is of an intimate nature if it involves—

(a) lifting, washing, grooming, feeding, dressing, bathing, toileting, administering medicines or otherwise having physical contact with the person cared for;

(b) assistance in connection with washing, grooming, feeding, dressing, bathing, administering medicines or using the toilet; or

(c) supervising him whilst he is dressing, bathing or using the toilet.

(2) Where a service is being delivered to the person cared for and—

(a) during the delivery of that service the person cared for asks the person delivering the service to provide a service of an intimate nature; or

(b) the person cared for is in a situation in which he is likely to suffer serious personal harm unless a service of an intimate nature is provided to him and

(i) the person cared for is unable to consent to the provision of that service, or

(ii) the person providing the service reasonably believes it is necessary to provide that service because the likelihood of serious personal harm to the person cared for is imminent;

a service of an intimate nature may be provided.

Persons to whom direct payments may not be made

3. A person who comes within any one of the categories of people described in regulation 2(2) (b) to (n) of the 1997 Regulations is specified for the purposes of section 1(1)(b)(ii) of the 1996 Act.

Amendment of the 1997 Regulations

4. In regulation 2(1) of the 1997 Regulations for the words “section 1(1)(b) of the Act” there shall be substituted “section 1(1)(b)(i) of the Act”.