Citation, commencement, interpretation and application

1. —(1) These Regulations may be cited as the NHS Bodies and Local Authorities Partnership Arrangements (Amendment) (England) Regulations 2003 and shall come into force on 1st April 2003.

(2) In these Regulations—

“the principal Regulations” means the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000( 3 ).

(3) These Regulations apply to England only.

Amendment of regulation 2 of the principal Regulations

2. —(1)Regulation 2(1) of the principal Regulations shall be amended as follows.

(2) After the definition of “the Act” insert the following definition—

“ “the 1948 Act ” means the National Assistance Act 1948; ” ( 4 ).

(3) After the definition of “the 1977 Act” insert the following definition—

“ “the 1983 Act ” means the Health and Social Services and Social Security Adjudications Act 1983; ” ( 5 ).

Amendment of regulation 3 of the principal Regulations

3. At the end of regulation 3(2) of the principal Regulations, after “City of London”, insert

• “ , and

  (f)

  the Council of the Isles of Scilly. ” .

Amendment of regulation 4 of the principal Regulations

4. —(1)Regulation 4 of the principal Regulations shall be amended as follows.

(2) At the beginning of paragraph (2), insert “Subject to paragraph (2A),”.

(3) After paragraph (2), insert the following paragraph—

“ (2A) Paragraph (2) does not apply where the partnership arrangements have been consulted upon pursuant to regulation 4 of the Care Trusts (Applications and Consultation) Regulations 2001 (consultation before an application for Care Trust designation may be made). ( 6 ) ”

Amendment of regulation 6 of the principal Regulations

5. —(1) In regulation 6(a) of the principal Regulations—

(a) in sub-paragraph (i), at the beginning, insert “subject to sub-paragraph (k),” and for “the National Assistance Act 1948”, substitute “the 1948 Act”,

(b) after sub-paragraph (iv), insert the following sub-paragraph—

“ (iva) subject to sub-paragraph (1), section 17 of the 1983 Act; ” .

(2) At the end of regulation 6, add the following paragraphs—

“ (k) where partners enter into arrangements under regulation 7(1) or 8(1) in respect of the provision of accommodation under sections 21 or 26 of the 1948 Act, the function of charging for that accommodation under section 22, 23(2) or 26 of that Act, or

(l) where partners enter into arrangements under regulation 7(1) or 8(1) in respect of the provision of a service under any enactment mentioned in section 17(2)(a) to (c) of the 1983 Act, the function of charging for that service under that section. ” .

Amendment of regulation 8 of the principal Regulations

6. In regulation 8 of the principal Regulations, at the end of paragraph (2), add the following sub-paragraph—

“ (h) in the case of the exercise of functions mentioned in regulation 6(k) or (l), the arrangements in place for determining the services in respect of which a user may be charged and for informing users about such charges. ”

Amendment of regulation 9 of the principal Regulations

7. In regulation 9 of the principal Regulations, at the end of paragraph (3), add the following sub-paragraph—

“ (h) in the case of the exercise of functions mentioned in regulation 6(k) or (l), the arrangements in place for determining the services in respect of which a user may be charged and for informing users about such charges. ”