(1) This Act comes into force on the day on which this Act is passed, subject to subsection (2).
(2) The following provisions of this Act come into force on such day as a Minister of the Crown may by regulations appoint, subject to subsections (3) to (9)—
(a) section 8 (and Schedule 7);
(b) section 9;
(c) section 10 (and Schedules 8, 9, 10 and 11);
(d) section 15 (and Schedule 12);
(e) section 16;
(f) section 17;
(g) section 18 (and Schedule 13);
(h) section 19;
(i) section 21;
(j) sections 25 to 29 (and Schedule 15).
(3) In the case of provision made by regulations under subsection (2) which could also be made by an authority under subsection (4), (6) or (8), a Minister of the Crown may not make the provision without the authority's consent.
(4) If the condition in subsection (5) is met, the Welsh Ministers may by regulations provide that a provision of this Act to which subsection (2) applies comes into force, so far as it extends to England and Wales and applies in relation to Wales, on a day appointed by the regulations.
(5) The condition is that, so far as it extends to England and Wales and applies in relation to Wales, the provision would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
(6) If the condition in subsection (7) is met, the Scottish Ministers may by regulations provide that a provision of this Act to which subsection (2) applies comes into force so far as it extends to Scotland on a day appointed by the regulations.
(7) The condition is that, so far as it extends to Scotland, the provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
(8) If the condition in subsection (9) is met, a Northern Ireland department may by order provide that a provision of this Act to which subsection (2) applies comes into force so far as it extends to Northern Ireland on a day appointed by the order.
(9) The condition is that the provision, so far as it extends to Northern Ireland—
(a) would be within the legislative competence of the Northern Ireland Assembly, and
(b) would not require the consent of the Secretary of State,
if it were contained in an Act of that Assembly.
(10) Different days may be appointed under subsection (2), (4), (6) or (8) for different purposes or areas.
(11) A Minister of the Crown may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act, subject as follows.
(12) In the case of provision made by regulations under subsection (11) which could also be made by an authority under any of subsections (13) to (15), a Minister of the Crown may not make the provision without the authority's consent.
(13) The Welsh Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force in relation to Wales of a provision of this Act if the Welsh Ministers—
(a) have the power to bring the provision into force in relation to Wales by virtue of subsection (4) (whether or not it has been brought into force), or
(b) would have that power if the provision were listed in subsection (2).
(14) The Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force in relation to Scotland of a provision of this Act if the Scottish Ministers—
(a) have the power to bring the provision into force in relation to Scotland by virtue of subsection (6) (whether or not it has been brought into force), or
(b) would have that power if the provision were listed in subsection (2).
(15) A Northern Ireland department may by order make transitional, transitory or saving provision in connection with the coming into force in relation to Northern Ireland of any provision of this Act if a Northern Ireland department—
(a) has the power to bring the provision into force in relation to Northern Ireland by virtue of subsection (8) (whether or not it has been brought into force), or
(b) would have that power if the provision were listed in subsection (2).
(16) Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.
(17) Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
88 Power to suspend and revive provisions of this Act
(1) A relevant national authority may by regulations suspend the operation of any provision of this Act.
(2) Section 16(1) of the Interpretation Act 1978 applies in relation to the suspension of a provision of this Act by regulations under subsection (1) as if the provision had been repealed by an Act.
(3) A relevant national authority may by regulations revive the operation of a provision of this Act suspended by regulations under subsection (1).
(4) The power in subsection (1) and the power in subsection (3) may be exercised more than once in relation to the same provision.
(5) Regulations under this section—
(a) may make different provision for different purposes or areas;
(b) may make transitional, transitory or saving provision.
(6) References in this section to a provision of this Act do not include—
(a) section 1;
(b) section 2 (and Schedule 1);
(c) section 5 and Schedule 4 so far as they—
(i) make provision about a person who has been registered in the register of pharmaceutical chemists or against whose name in that register an annotation has been recorded, or
(ii) make provision for or in connection with the revocation of a person's registration or the removal of an annotation;
(d) section 6(a) and paragraph 1 of Schedule 5 so far as they—
(i) make provision about a person who has been registered in any register by virtue of that Schedule, or
(ii) make provision for or in connection with the revocation of a person's registration;
(e) section 6(b) (and paragraph 2 of Schedule 5);
(f) sections 11, 12 and 13;
(g) section 17;
(h) section 19(11);
(i) section 21(7);
(j) section 34;
(k) section 35;
(l) section 36;
(m) section 37(2) (and Part 2 of Schedule 16);
(n) section 38(2) (and Part 2 of Schedule 17);
(o) section 45;
(p) section 46;
(q) section 47;
(r) section 48 (and Schedule 18);
(s) section 49 (and Schedule 19);
(t) section 50 (and Schedule 20);
(u) section 51 (and Schedule 21);
(v) section 52 (and Schedule 22);
(w) sections 59 to 70;
(x) sections 72 to 74;
(y) section 75;
(z) a provision of this Part;
(z1) Parts 2 to 5 of Schedule 7, and section 8 so far as relating to those Parts;
(z2) Part 3 of Schedule 8, and section 10(1) and Part 1 of that Schedule so far as relating to that Part;
(z3) Parts 3 and 4 of Schedule 10, and section 10(3) and Part 1 of that Schedule so far as relating to those Parts;
(z4) Parts 3 and 4 of Schedule 11, and section 10(4) and Part 1 of that Schedule so far as relating to those Parts;
(z5) paragraphs 3(2) and (3), 10, 13, 18, 30, 33 and 35 of Schedule 12, and section 15 and paragraphs 1 and 19 of that Schedule so far as relating to those paragraphs;
(z6) paragraphs 8, 9, 15, 16 and 30 of Schedule 13, and section 18 and paragraphs 1, 10 and 17 of that Schedule so far as relating to those paragraphs.
(7) In this section “relevant national authority” means a Minister of the Crown, subject as follows.
(8) In the case of regulations under this section which could also be made by an authority by virtue of subsection (9), (11) or (13), a Minister of the Crown may not make the regulations without the authority's consent.
(9) The Welsh Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—
(a) it extends to England and Wales and applies in relation to Wales, and
(b) so far as it so extends and applies, it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
(10) The power of the Welsh Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to England and Wales and applies in relation to Wales.
(11) The Scottish Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—
(a) it extends to Scotland, and
(b) so far as it so extends, it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
(12) The power of the Scottish Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Scotland.
(13) A Northern Ireland department is also a relevant national authority for the purposes of this section in relation to a provision of this Act if—
(a) it extends to Northern Ireland, and
(b) so far as it so extends, were it contained in an Act of the Northern Ireland Assembly—
(i) it would be within the legislative competence of that Assembly, and
(ii) it would not require the consent of the Secretary of State.
(14) References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.
(15) The power of a Northern Ireland department to make an order under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Northern Ireland.
(16) Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.
(17) Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
(1) This Act expires at the end of the period of 2 years beginning with the day on which it is passed, subject to subsection (2) and section 90.
(2) Subsection (1) does not apply to—
(a) section 1;
(b) section 2 and Schedule 1 so far as they—
(i) make provision about a person who has been registered in any register by virtue of that Schedule, or
(ii) make provision for or in connection with the revocation of a person's registration;
(c) section 5 and Schedule 4 so far as they—
(i) make provision about a person who has been registered in the register of pharmaceutical chemists or against whose name in that register an annotation has been recorded, or
(ii) make provision for or in connection with the revocation of a person's registration or the removal of an annotation;
(d) section 6 and Schedule 5 so far as they—
(i) make provision about a person who has been registered in any register by virtue of that Schedule, or
(ii) make provision for or in connection with the revocation of a person's registration;
(e) sections 11, 12 and 13;
(f) section 17;
(g) section 19(11);
(h) section 21(7);
(i) sections 59 to 70;
(j) sections 72 to 74;
(k) section 75(1);
(l) section 76;
(m) this Part;
(n) Parts 2 to 5 of Schedule 7, and section 8 so far as relating to those Parts;
(o) Part 3 of Schedule 8, and section 10(1) and Part 1 of that Schedule so far as relating to that Part;
(p) Parts 3 and 4 of Schedule 10, and section 10(3) and Part 1 of that Schedule so far as relating to those Parts;
(q) Parts 3 and 4 of Schedule 11, and section 10(4) and Part 1 of that Schedule so far as relating to those Parts;
(r) paragraphs 3(2) and (3), 10, 13, 18, 30, 33 and 35 of Schedule 12, and section 15 and paragraphs 1 and 19 of that Schedule so far as relating to those paragraphs;
(s) paragraphs 8, 9, 15, 16 and 30 of Schedule 13, and section 18 and paragraphs 1, 10 and 17 of that Schedule so far as relating to those paragraphs.
(3) A Minister of the Crown may by regulations make transitional, transitory or saving provision in connection with the expiry of any provision of this Act.
(4) In the case of provision made by regulations under subsection (3) which could also be made by an authority under subsection (5), (7) or (9), a Minister of the Crown may not make the provision without the authority's consent.
(5) If the condition in subsection (6) is met, the Welsh Ministers may by regulations make transitional, transitory or saving provision in connection with the expiry in relation to Wales of any provision of this Act.
(6) The condition is that, so far as it extends to England and Wales and applies to Wales, the provision would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
(7) If the condition in subsection (8) is met, the Scottish Ministers may by regulations make transitional, transitory or saving provision in connection with the expiry in relation to Scotland of any provision of this Act.
(8) The condition is that, so far as it extends to Scotland, the provision would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
(9) If the condition in subsection (10) is met, a Northern Ireland department may by order make transitional, transitory or saving provision in connection with the expiry in relation to Northern Ireland of any provision of this Act.
(10) The condition is that the provision, so far as it extends to Northern Ireland—
(a) would be within the legislative competence of the Northern Ireland Assembly, and
(b) would not require the consent of the Secretary of State,
if it were contained in an Act of that Assembly.
(11) The power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.
(12) The power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
(1) A relevant national authority may by regulations provide that any provision of this Act—
(a) does not expire at the time when it would otherwise expire (whether by virtue of section 89 or previous regulations under this subsection or subsection (2)), and
(b) expires instead at such earlier time as is specified in the regulations.
(2) A relevant national authority may by regulations provide that any provision of this Act—
(a) does not expire at the time when it would otherwise expire (whether by virtue of section 89 or previous regulations under this subsection or subsection (1)), and
(b) expires instead at such later time as is specified in the regulations.
(3) A time specified under subsection (2) in relation to a provision of this Act must not be later than the end of the period of 6 months beginning with the time when the provision would otherwise have expired (whether by virtue of section 89 or previous regulations under subsection (1) or (2)).
(4) Regulations under this section—
(a) may make different provision for different purposes or areas;
(b) may make transitional, transitory or saving provision.
(5) In this section “relevant national authority” means a Minister of the Crown, subject as follows.
(6) In the case of regulations under this section which could also be made by an authority by virtue of subsection (7), (9) or (11), a Minister of the Crown may not make the regulations without the authority's consent.
(7) The Welsh Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—
(a) it extends to England and Wales and applies in relation to Wales, and
(b) so far as it so extends and applies, it would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
(8) The power of the Welsh Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to England and Wales and applies in relation to Wales.
(9) The Scottish Ministers are also a relevant national authority for the purposes of this section in relation to a provision of this Act if—
(a) it extends to Scotland, and
(b) so far as it so extends, it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
(10) The power of the Scottish Ministers to make regulations under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Scotland.
(11) A Northern Ireland department is also a relevant national authority for the purposes of this section in relation to a provision of this Act if—
(a) it extends to Northern Ireland, and
(b) so far as it so extends, were it contained in an Act of the Northern Ireland Assembly—
(i) it would be within the legislative competence of that Assembly, and
(ii) it would not require the consent of the Secretary of State.
(12) References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.
(13) The power of a Northern Ireland department to make an order under this section in relation to a provision of this Act is a power to do so only so far as the provision extends to Northern Ireland.
(14) Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.
(15) Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
91 Power to amend Act in consequence of amendments to subordinate legislation
(1) A relevant national authority may by regulations amend or repeal any provision of this Act which modifies a provision of subordinate legislation.
(2) The power in subsection (1) may be exercised only if the amendment or repeal is necessary in consequence of the amendment or revocation of the provision of subordinate legislation by other subordinate legislation.
(3) Regulations under subsection (1) may make transitional, transitory or saving provision.
(4) In this section “relevant national authority” means a Minister of the Crown, subject as follows.
(5) In the case of regulations under subsection (1) which could also be made by an authority by virtue of any of subsections (6) to (8), a Minister of the Crown may not make the regulations without the authority's consent.
(6) The Welsh Ministers are also a relevant national authority in relation to regulations under subsection (1) which make provision which would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
(7) The Scottish Ministers are also a relevant national authority in relation to regulations under subsection (1) which make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
(8) A Northern Ireland department is also a relevant national authority in relation to regulations under subsection (1) which make provision which, if it were contained in an Act of the Northern Ireland Assembly—
(a) would be within the legislative competence of that Assembly, and
(b) would not require the consent of the Secretary of State.
(9) Any power of a Minister of the Crown or the Welsh Ministers to make regulations under subsection (1) is exercisable by statutory instrument.
(10) References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.
(11) Any power of a Northern Ireland department to make an order under subsection (1) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
(12) In this section “subordinate legislation” means—
(a) subordinate legislation within the meaning of the Interpretation Act 1978,
(b) an instrument made under an Act or Measure of the National Assembly for Wales,
(c) an instrument made under an Act of the Scottish Parliament, or
(d) an instrument made under Northern Ireland legislation.
(1) A relevant national authority may by regulations make provision for an enactment to have effect with modifications in consequence of any provision of this Act.
(2) Without prejudice to section 14 of the Interpretation Act 1978 (implied power to amend), a relevant national authority may by regulations amend or revoke any regulations made by the authority under subsection (1) in consequence of—
(a) the exercise of a power under section 88,
(b) the expiry of a provision of this Act under section 89, or
(c) the exercise of a power under section 90.
(3) Regulations under this section may make transitional, transitory or saving provision.
(4) In this section “relevant national authority” means a Minister of the Crown, subject as follows.
(5) In the case of regulations under this section which could also be made by an authority by virtue of any of subsections (6) to (8), a Minister of the Crown may not make the regulations without the authority's consent.
(6) The Welsh Ministers are also a relevant national authority in relation to regulations under this section which make provision which would be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (including any provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975).
(7) The Scottish Ministers are also a relevant national authority in relation to regulations under this section which make provision which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament.
(8) A Northern Ireland department is also a relevant national authority in relation to regulations under this section which make provision which, if it were contained in an Act of the Northern Ireland Assembly—
(a) would be within the legislative competence of that Assembly, and
(b) would not require the consent of the Secretary of State.
(9) Any power of a Minister of the Crown or the Welsh Ministers to make regulations under this section is exercisable by statutory instrument.
(10) References in this section to regulations are to be read in relation to a Northern Ireland department as references to an order.
(11) Any power of a Northern Ireland department to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).
(12) In this section “enactment” includes—
(a) an enactment comprised in an Act or Measure of the National Assembly for Wales,
(b) an enactment comprised in an Act of the Scottish Parliament,
(c) an enactment comprised in Northern Ireland legislation, and
(d) an enactment comprised in subordinate legislation.
(13) In this section “subordinate legislation” means—
(a) subordinate legislation within the meaning of the Interpretation Act 1978,
(b) an instrument made under an Act or Measure of the National Assembly for Wales,
(c) an instrument made under an Act of the Scottish Parliament, or
(d) an instrument made under Northern Ireland legislation.
93 Procedure for certain regulations made by a Minister of the Crown
(1) A statutory instrument containing regulations made by a Minister of the Crown under section 90(1) (other than regulations made in accordance with section 98(1)) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(2) A statutory instrument containing regulations made by a Minister of the Crown under section 90(2) must be laid before Parliament as soon as reasonably practicable after being made.
(3) A statutory instrument containing regulations made by a Minister of the Crown under section 91(1) must be laid before Parliament as soon as reasonably practicable after being made.
(4) A statutory instrument containing regulations made by a Minister of the Crown under section 92—
(a) if the regulations only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of either House of Parliament;
(b) otherwise, must be laid before Parliament as soon as reasonably practicable after being made.
(5) Subsection (2), (3) or (4)(b) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(6) Regulations contained in an instrument laid before Parliament by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
(7) In calculating the period of 40 days, no account is to be taken of any time during which—
(a) Parliament is dissolved or prorogued, or
(b) both Houses of Parliament are adjourned for more than 4 days.
(8) Where regulations cease to have effect as a result of subsection (6) that does not—
(a) affect anything previously done under or by virtue of the regulations, or
(b) prevent the making of new regulations.
94 Procedure for certain regulations made by the Welsh Ministers
(1) A statutory instrument containing regulations made by the Welsh Ministers under section 90(1) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(2) A statutory instrument containing regulations made by the Welsh Ministers under section 90(2) must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.
(3) A statutory instrument containing regulations made by the Welsh Ministers under section 91(1) must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.
(4) A statutory instrument containing regulations made by the Welsh Ministers under section 92—
(a) if the regulations only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of the National Assembly for Wales;
(b) otherwise, must be laid before the National Assembly for Wales as soon as reasonably practicable after being made.
(5) Subsection (2), (3) or (4)(b) does not apply if a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
(6) Regulations contained in an instrument laid before the National Assembly for Wales by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of the National Assembly for Wales.
(7) In calculating the period of 40 days, no account is to be taken of any time during which the National Assembly for Wales is—
(a) dissolved, or
(b) in recess for more than 4 days.
(8) Where regulations cease to have effect as a result of subsection (6) that does not—
(a) affect anything previously done under or by virtue of the regulations, or
(b) prevent the making of new regulations.
95 Procedure for certain regulations made by the Scottish Ministers
(1) Regulations made by the Scottish Ministers under section 90(1) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010) (asp 10)).
(2) Regulations made by the Scottish Ministers under section 90(2) must be laid before the Scottish Parliament as soon as reasonably practicable after being made.
(3) Regulations made by the Scottish Ministers under section 91(1) must be laid before the Scottish Parliament as soon as reasonably practicable after being made.
(4) Regulations made by the Scottish Ministers under section 92—
(a) if they only provide for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010);
(b) otherwise, must be laid before the Scottish Parliament as soon as reasonably practicable after being made.
(5) Subsection (2), (3) or (4)(b) does not apply if the regulations have been subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).
(6) Regulations laid before the Scottish Parliament by virtue of subsection (2), (3) or (4)(b) cease to have effect at the end of the period of 40 days beginning with the day on which they are made unless, during that period, the regulations are approved by resolution of the Scottish Parliament.
(7) In calculating the period of 40 days, no account is to be taken of any time during which the Scottish Parliament is—
(a) dissolved, or
(b) in recess for more than 4 days.
(8) Where regulations cease to have effect as a result of subsection (6) that does not—
(a) affect anything previously done under or by virtue of the regulations, or
(b) prevent the making of new regulations.
96 Procedure for certain orders made by a Northern Ireland department
(1) An order made by a Northern Ireland department under section 90(1) is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
(2) An order made by a Northern Ireland department under section 90(2) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.
(3) An order made by a Northern Ireland department under section 91(1) must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.
(4) An order under section 92 made by a Northern Ireland department—
(a) if the order only provides for subordinate legislation within the meaning of that section to have effect with modifications or to be amended or revoked, is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954;
(b) otherwise, must be laid before the Northern Ireland Assembly as soon as reasonably practicable after being made.
(5) Subsection (2), (3) or (4)(b) does not apply if a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(6) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
(7) An order laid before the Northern Ireland Assembly by virtue of subsection (2), (3) or (4)(b) ceases to have effect at the end of the period of 40 days beginning with the day on which the order is made unless, during that period, the instrument is approved by a resolution of the Northern Ireland Assembly.
(8) In calculating the period of 40 days, no account is to be taken of any time during which the Northern Ireland Assembly is—
(a) dissolved,
(b) in recess for more than 4 days, or
(c) adjourned for more than 6 days.
(9) Where an order ceases to have effect as a result of subsection (7) that does not—
(a) affect anything previously done under or by virtue of the order, or
(b) prevent the making of a new order.
97 Reports by Secretary of State on status of non-devolved provisions of this Act
(1) The Secretary of State must—
(a) in respect of each reporting period, prepare and publish a report on the status of the provisions of Part 1 of this Act;
(b) include in the report a statement that the Secretary of State is satisfied that the status of those provisions is appropriate.
(2) A reference in this section to a provision of this Act is to the provision only so far as the Secretary of State is responsible for it (see subsection (6)).
(3) The references in subsection (1) to the “status” of a provision are to—
(a) whether the provision is in force at the end of the reporting period, and
(b) whether any power under the following provisions has been exercised by a Minister of the Crown in relation to it during that period (and, if so, which and how)—
(i) section 87(2) (regulations bringing provision into force);
(ii) section 88(1) or (3) (regulations suspending or reviving provision);
(iii) section 90(1) or (2) (regulations altering expiry date of provision).
(4) Each of the following is a “reporting period”—
(a) the period of 2 months beginning with the day on which this Act is passed;
(b) each successive period of 2 months that ends during the substantive operational period of this Act.
(5) The “substantive operational period of this Act” is —
(a) the two-year period mentioned in section 89(1), or
(b) if different, the period—
(i) beginning with the day on which this Act is passed, and
(ii) ending with the time of expiry of the provision of this Act which, by virtue of regulations made by a Minister of the Crown under section 90(2), expires the latest.
(6) The Secretary of State is responsible for a provision of this Act so far as—
(a) it extends to England and Wales and applies in relation to England;
(b) it—
(i) extends to England and Wales and applies in relation to Wales, or extends to Scotland or Northern Ireland, and
(ii) is outside devolved legislative competence in Wales, Scotland or Northern Ireland (as the case may be).
(7) A provision is “outside devolved legislative competence”—
(a) in relation to Wales, if it would not be within the legislative competence of the National Assembly for Wales if it were contained in an Act of that Assembly (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975, that such consent were given);
(b) in relation to Scotland, if it would not be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
(c) in relation to Northern Ireland, if—
(i) it would not be within the legislative competence of the Northern Ireland Assembly, or
(ii) it would require the consent of the Secretary of State,
if it were contained in an Act of that Assembly.
(8) The Secretary of State must lay each report prepared under subsection (1) before Parliament.
(9) If the Secretary of State does not prepare and publish the report required by subsection (1) within 7 days beginning with the end of a reporting period, the Secretary of State must—
(a) explain why in a statement made in writing, and
(b) publish the statement.
(1) If the House of Commons rejects a motion in the form set out in subsection (2), moved in accordance with subsection (3) by a Minister of the Crown, a Minister of the Crown must exercise the power conferred by section 90(1) so as to ensure that the relevant temporary provisions expire not later than the end of the period of 21 days beginning with the day on which the rejection takes place.
(2) The form of the motion is—
That the temporary provisions of the Coronavirus Act 2020 should not yet expire.
(3) So far as practicable, a Minister of the Crown must make arrangements for the motion mentioned in subsection (1) to be debated and voted on by the House of Commons within a period of 7 sitting days beginning immediately after each 6 month review period.
(4) In this section—
“6 month review period” means—
the period of 6 months beginning with the day on which this Act is passed, and
each subsequent period of 6 months,
but only (in each case) if at least one relevant temporary provision still exists at the end of the period (whether or not that provision has ever been brought into force or is at that time suspended);
“relevant temporary provision” means any provision of this Act—
which is not listed in section 89(2) (provisions not subject to expiry), and
in respect of which a Minister of the Crown could make provision under section 90(1) (early expiry regulations) without the consent of the Welsh Ministers, the Scottish Ministers or a Northern Ireland department;
“sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day).
99 Parliamentary consideration of status of non-devolved provisions of this Act
(1) This section applies where the substantive operational period of this Act is longer than the period of one year beginning with the day on which this Act is passed.
(2) A Minister of the Crown must make arrangements for—
(a) a motion in neutral terms, to the effect that the House of Commons has considered the one-year status report, to be moved in that House by a Minister of the Crown within the period of 14 Commons sitting days beginning with the day after the end of the sixth reporting period, and
(b) a motion for the House of Lords to take note of the one-year status report to be moved in that House by a Minister of the Crown within the period of 14 Lords sitting days beginning with the day after the end of the sixth reporting period.
(3) The “one-year status report” is the report required to be prepared by the Secretary of State under section 97 in respect of the sixth reporting period.
(4) In this section—
“Commons sitting day” means a day on which the House of Commons is sitting (and a day is only a day on which the House of Commons is sitting if the House begins to sit on that day);
“Lords sitting day” means a day on which the House of Lords is sitting (and a day is only a day on which the House of Lords is sitting if the House begins to sit on that day);
“reporting period” and “substantive operational period of this Act” have the same meaning as in section 97.
(1) The following provisions extend to England and Wales, Scotland and Northern Ireland—
(a) section 1;
(b) section 2 (and Schedule 1);
(c) section 8, so far as it relates to Parts 1, 2 and 5 of Schedule 7 (and those Parts of that Schedule);
(d) section 9;
(e) sections 22 and 23;
(f) section 24;
(g) sections 25 to 29 (and Schedule 15);
(h) section 50 (and Schedule 20);
(i) section 51 (and Schedule 21);
(j) section 52 (and Schedule 22);
(k) section 54, so far as it relates to Part 2 of Schedule 24 (and that Part of that Schedule);
(l) section 55, so far as it relates to paragraph 2 of Schedule 25 (and that paragraph of that Schedule);
(m) section 58 (and Schedule 28);
(n) sections 62 to 64 and 66;
(o) sections 68 and 69;
(p) section 71;
(q) sections 72 to 74;
(r) section 75;
(s) section 76;
(t) section 77(1) and (2);
(u) this Part.
(2) The following provisions extend to England and Wales and Scotland only—
(a) section 8, so far as it relates to Part 3 of Schedule 7 (and that Part of that Schedule);
(b) sections 39 to 41;
(c) section 77(3).
(3) The following provisions extend to England and Wales and Northern Ireland only—
(a) section 61;
(b) section 78.
(4) The following provisions extend to England and Wales only—
(a) section 3 (and Schedule 2);
(b) section 6 (and Schedule 5);
(c) section 10(1) (and Schedule 8);
(d) section 11;
(e) sections 14 and 15 (and Schedule 12);
(f) section 18(1) (and Part 1 of Schedule 13);
(g) section 19;
(h) section 30;
(i) section 33;
(j) section 37(1) (and Part 1 of Schedule 16);
(k) section 38(1) (and Part 1 of Schedule 17);
(l) section 45;
(m) section 53 (and Schedule 23);
(n) section 54, so far as it relates to Parts 1 and 3 of Schedule 24 (and those Parts of that Schedule);
(o) section 55, so far as it relates to paragraph 1 of Schedule 25 (and that paragraph of that Schedule);
(p) section 56 (and Schedule 26);
(q) sections 59, 60, 65 and 67;
(r) section 79;
(s) section 81 (and Schedule 29);
(t) section 82;
(u) section 84.
(5) The following provisions extend to Scotland only—
(a) section 4 (and Schedule 3);
(b) section 7 (and Schedule 6);
(c) section 10(2) (and Schedule 9);
(d) section 12;
(e) sections 16 and 17;
(f) section 18(2) (and Part 2 of Schedule 13);
(g) section 20 (and Schedule 14);
(h) sections 34 and 35;
(i) section 36;
(j) section 37(2) (and Part 2 of Schedule 16);
(k) section 38(2) (and Part 2 of Schedule 17);
(l) section 46;
(m) section 49 (and Schedule 19);
(n) section 70.
(6) The following provisions extend to Northern Ireland only—
(a) section 5 (and Schedule 4);
(b) section 8, so far as it relates to Part 4 of Schedule 7 (and that Part of that Schedule);
(c) section 10(3) and (4) (and Schedules 10 and 11);
(d) section 13;
(e) section 18(3) (and Part 3 of Schedule 13);
(f) section 21;
(g) section 31;
(h) section 32;
(i) section 37(3) (and Part 3 of Schedule 16);
(j) section 38(3) (and Part 3 of Schedule 17);
(k) sections 42 to 44;
(l) section 47;
(m) section 48 (and Schedule 18);
(n) section 57 (and Schedule 27);
(o) section 80;
(p) section 83.
Her Majesty may by Order in Council provide for the extension, with or without modifications, to the Isle of Man of any provision of this Act which is capable of so extending.
SCHEDULE 1 Emergency registration of nurses and other health and care professionals
Section 2
Nursing and Midwifery Order 2001
1 (1) The Nursing and Midwifery Order 2001 (S.I. 2002/253) has effect as if it were subject to the following modifications.
(2) The Order has effect as if after article 9 there were inserted—
Temporary registration in emergencies involving loss of human life or human illness etc
9A (1) The Registrar may register a person as a registered nurse, midwife or nursing associate, or the persons comprising a specified group of persons as registered nurses, midwives or nursing associates, if—
(a) the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, and
(b) the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons.
(2) For the purposes of paragraph (1)(b) the emergency registration requirement is met—
(a) in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a nurse, midwife or nursing associate with regard to the emergency;
(b) in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as nurses, midwives or nursing associates with regard to the emergency.
(3) The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.
(4) The Registrar may include an annotation in the register denoting that a person has been registered under this regulation.
(5) The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions.
(6) Where a person is registered under this article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.
(7) A person's registration under this article ceases to have effect if revoked by the Registrar; and the Registrar—
(a) must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;
(b) may at any time revoke the registration for any other reason, including where the Registrar suspects that the person's fitness to practise may be impaired.
(8) A person's registration as a member of a specified group may be revoked—
(a) without the registration of the other members of the group being revoked, or
(b) as a result of a decision to revoke the registration of all the members of the group.
(9) Rules under article 7 may not provide for fees to be charged in respect of a person's registration under this article.
(10) The following provisions of this Order do not apply to persons registered under this article—
articles 5A, 9, 10, 12 and 13 (provisions relating to registration);
articles 15 to 19 (provisions relating to education and training);
Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (6).
(11) If a person breaches a condition to which the person's registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a registered nurse, midwife or nursing associate (as the case may be).
(12) In this article “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.
(3) Article 25(1) (power of Nursing and Midwifery Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons).
(4) Article 37 (appeals against Registrar's decisions) has effect as if after paragraph (2B) there were inserted—
(2C) No appeal lies to the Council where the Registrar—
(a) has refused to register a person under article 9A, or
(b) has revoked a person's registration under that article.
Health Professions Order 2001
2 (1) The Health Professions Order 2001 (S.I. 2002/254) has effect as if it were subject to the following modifications.
(2) The Order has effect as if after article 9 there were inserted—
Temporary registration in emergencies involving loss of human life or human illness etc
9A (1) The Registrar may register a person as a member of a relevant profession, or the persons comprising a specified group of persons as members of a relevant profession, if—
(a) the Secretary of State has advised the Registrar that an emergency has occurred, is occurring or is about to occur and that the Registrar should consider acting under this article, and
(b) the Registrar considers that the emergency registration requirement is met in relation to the person or group of persons.
(2) For the purposes of paragraph (1)(b) the emergency registration requirement is met—
(a) in relation to a person, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a member of the profession in question with regard to the emergency;
(b) in relation to a group of persons, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as members of the profession in question with regard to the emergency.
(3) The Registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.
(4) The Registrar may include an annotation in the register denoting that a person has been registered under this regulation.
(5) The registration of a person under this article has effect subject to any conditions imposed by the Registrar; and the Registrar may at any time vary or revoke such a condition or add new conditions.
(6) Where a person is registered under this article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.
(7) A person's registration under this article ceases to have effect if revoked by the Registrar; and the Registrar—
(a) must revoke the registration if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;
(b) may at any time revoke the registration for any other reason, including where the Registrar suspects that the person's fitness to practise may be impaired.
(8) A person's registration as a member of a specified group may be revoked—
(a) without the registration of the other members of the group being revoked, or
(b) as a result of a decision to revoke the registration of all the members of the group.
(9) Rules under article 7 may not provide for fees to be charged in respect of a person's registration under this article.
(10) The following provisions of this Order do not apply to persons registered under this article—
articles 9, 10, 11 and 12 (provisions relating to registration);
articles 15 to 19 (provisions relating to education and training);
Part 5 (fitness to practise), other than articles 21, 22(10) and 25(1) and (3) to (5).
(11) If a person breaches a condition to which the person's registration under this article is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered as a member of the relevant profession in question.
(12) In this article “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.
(3) Article 25(1) (power of Health and Care Professions Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of article 9A(2)(b) (emergency registration of a group of persons).
(4) Article 38 (appeals) has effect as if after paragraph (1A) there were inserted—
(1B) No appeal lies to the Council where the Registrar—
(a) has refused to register a person under article 9A, or
(b) has revoked a person's registration under that article.
SCHEDULE 4 Emergency registration of pharmaceutical chemists and extension of prescribing powers: Northern Ireland
Section 5
Interpretation
1 (1) In this Schedule “the 1976 Order” means the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)).
(2) In this Schedule references to Articles are to Articles of the 1976 Order.
(3) Expressions used in this Schedule and in the 1976 Order have the meaning given in that Order.
Emergency registration of pharmaceutical chemists
2 The 1976 Order has effect as if it were subject to the following modifications.
3 After Article 8D insert—
Temporary registration in the register of pharmaceutical chemists in certain emergencies
8E (1) The registrar may register a person, or the persons comprising a specified group of persons, in the register of pharmaceutical chemists if the conditions set out in paragraph (2) are satisfied.
(2) The conditions are that—
(a) the Department has advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this Article; and
(b) the registrar considers that the emergency registration requirement is met in relation to the person or group of persons.
(3) The emergency registration requirement is met—
(a) in relation to a person, if the person is a fit, proper and suitably experienced person to be registered as a pharmaceutical chemist with regard to the emergency;
(b) in relation to a group of persons, if the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as pharmaceutical chemists with regard to the emergency.
(4) The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.
(5) A person's registration under this Article has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions.
(6) Where a person is registered under this Article as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.
(7) The registration of a person under this Article ceases to have effect if revoked by the registrar; and the registrar—
(a) must revoke the registration if the Department advises the registrar that the circumstances that led the Department to give the advice referred to in paragraph (2)(a) no longer exist;
(b) may at any time revoke the registration for any other reason, including where the registrar has grounds for suspecting that the person's fitness to practise may be impaired.
(8) A person's registration as a member of a specified group may be revoked—
(a) without revoking the registration of the other members of the group; or
(b) as a result of a decision to revoke the registration of all the members of the group.
(9) Regulations made under Article 5 with respect to the following matters do not apply to persons registered under this Article—
(a) paragraph (1)(b) (examinations and qualifications for registration);
(b) paragraph (1)(bb), in so far as it refers to the necessary knowledge of English;
(c) paragraph (1)(e) (fees);
(d) paragraph (1)(f), (ffg) and (g) (qualifications etc in relation to registration);
(e) such other matters as the Council may by regulations provide;
but this is subject to paragraph (11).
(10) The following provisions of this Order do not apply to persons registered under this Article—
(a) Article 4A (continuing professional development);
(b) Articles 7, 8 and 8AA (provisions relating to registration);
(c) Article 11(1) (evidence of qualification required for registration);
(d) Article 15 (retention fees);
(e) Article 20 and Schedule 3 (fitness to practise) other than paragraphs 1 to 3; and
(f) such other provisions as the Council may by regulations provide;
but this is subject to paragraph (11).
(11) The Council may make regulations that provide that the following apply to persons registered under this Article—
(a) regulations with respect to any of the matters referred to in paragraph (9)(a) to (e); and
(b) any of the provisions of this Order referred to in paragraph (10)(a) to (f).
(12) If a person breaches any condition to which the person's registration under this Article is subject, anything done by that person in breach of the condition is to be treated as not being done by a registered pharmaceutical chemist.
(13) The registrar may make available information to assist with the identification of persons registered under this Article in such manner as the registrar sees fit.
(14) In this Article—
“emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section;
“specified” means specified in a direction given by the registrar or by a person authorised by the registrar.
4 In Article 9(2) (maintenance of the register), at the end insert “ or in the case of the register mentioned in Article 6(1)(a) registered by virtue of Article 8E ”.
5 At the end of Article 9 (the registrar and registers) insert—
(6) The registrar may record an annotation against the name of a registered person denoting that the person is registered under Article 8E.
Emergency extension of prescribing powers for pharmaceutical chemists
6 After Article 9 insert—
Temporary extension of prescribing powers in certain emergencies
9A (1) In the register mentioned in Article 6(1)(a), the registrar may record an annotation under paragraph (2) against—
(a) the name of a registered person; or
(b) the names of the persons comprising a specified group of registered persons,
if the conditions set out in paragraph (3) are satisfied.
(2) An annotation under this paragraph indicates that the person is qualified to order drugs, medicines and appliances in a specified capacity, notwithstanding that the person would not (but for this Article) be so qualified.
(3) The conditions are that—
(a) the Department has advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this Article; and
(b) the registrar considers that the emergency annotation requirement is met in relation to the person or group of persons.
(4) The emergency annotation requirement is met—
(a) in relation to a registered person, if the person is a fit, proper and suitably experienced person to order drugs, medicines and appliances in a specified capacity with regard to the emergency; and
(b) in relation to a group of registered persons, if the group is comprised of persons who may reasonably be considered fit, proper and suitably experienced persons to order drugs, medicines and appliances in a specified capacity with regard to the emergency.
(5) The registrar may record the annotation in such a way as to distinguish between annotations recorded by virtue of this Article and other annotations.
(6) Annotations recorded by virtue of this Article—
(a) must be removed by the registrar if the Department advises the registrar that the circumstances that led the Department to give the advice referred to in paragraph (3)(a) no longer exist;
(b) may at any time be removed by the registrar for any other reason including where the registrar has grounds for suspecting that the person's fitness to order drugs, medicines and appliances may be impaired.
(7) An annotation recorded against the name of a person in the register as a member of a specified group may be removed—
(a) without the removal by the registrar of the annotations recorded against the names in the register of the other members of the group; or
(b) by virtue of a decision by the registrar to remove the annotations recorded against the names in the register of all the members of the group.
(8) Regulations made under Article 5 with respect to the following matters do not apply to persons with an annotated entry—
(a) paragraph (1)(e) (fees);
(b) paragraph (1)(ff) (annotations of the register); and
(c) such other matters as the Council may by regulations provide;
but this is subject to paragraph (10).
(9) The following provisions of this Order do not apply to persons with an annotated entry—
(a) Article 4A (continuing professional development);
(b) Article 8 (qualifications for registration); and
(c) such other provisions as the Council may by regulations provide;
but this is subject to paragraph (10).
(10) The Council may make regulations that provide that the following apply to persons with an annotated entry—
(a) regulations with respect to any of the matters referred to in paragraph (8)(a) to (c); and
(b) any of the provisions of this Order referred to in paragraph (9)(a) to (c).
(11) In this Article—
“emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section;
“person with an annotated entry” means a person who has an annotation under paragraph (2) against their name in the register; and
“specified” means specified in a direction given by the registrar or by a person authorised by the registrar.
Appeals
7 In Article 11, after paragraph (2) insert—
(3) No appeal lies to the Council against a decision of the registrar—
(a) to register or refuse to register a person under Article 8E;
(b) to register or refuse to register under that Article the persons comprising a group of persons;
(c) to impose, vary or revoke a condition as respects the registration of a person, or the persons comprising a group of persons, under Article 8E(5);
(d) to revoke a person's registration under that Article (and, in the case of a member of a group, it does not matter whether the registrar also decides to revoke the registration of any or all of the other members of the group);
(e) to record or refuse to record an annotation under Article 9A(2) against the name of a registered person, or the names of the persons comprising a group of registered persons;
(f) to remove an annotation under that Article (and, in the case of a member of a group, it does not matter whether the registrar also decides to remove the annotation of any or all of the other members of the group).
Power to require disclosure of information
8 Paragraph 2(1) of Schedule 3 to the 1976 Order (power of the Council to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions in respect of identifying any person registered by virtue of Article 8E(3)(b) (emergency registration of a group of persons).
SCHEDULE 5 Emergency registration of social workers: England and Wales
Section 6
Social Workers Regulations 2018
1 (1) The Social Workers Regulations 2018 (S.I. 2018/893) have effect as if they were subject to the following modifications.
(2) Regulation 9 (information to be recorded in the register in relation to a registered social worker) has effect as if—
(a) in paragraph (1) after sub-paragraph (b) there were inserted—
(ba) in the case of a social worker registered under regulation 12A (emergency registration) the fact that the social worker has been registered under that regulation,
, and
(b) after paragraph (1) there were inserted—
(1A) The information referred to in paragraph (1)(a), (b) or (ba) is not required to be recorded in the register in relation to a social worker registered under regulation 12A as a member of a specified group.
(3) The regulations have effect as if after regulation 12 there were inserted—
Temporary registration in emergencies involving loss of human life or human illness etc
12A (1) The regulator may register a person as a social worker, or the persons comprising a specified group of persons as social workers, if—
(a) the Secretary of State has advised the regulator that an emergency has occurred, is occurring or is about to occur and that the regulator should consider acting under this regulation, and
(b) the regulator considers that the emergency registration requirement is met in relation to the person or group of persons.
(2) For the purposes of paragraph (1)(b) the emergency registration requirement is met—
(a) in relation to a person, if the regulator considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency;
(b) in relation to a group of persons, if the regulator considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency.
(3) The regulator may register all of the persons comprising a specified group of persons without first identifying each person in the group.
(4) The registration of a person under this regulation has effect subject to any conditions imposed by the regulator; and the regulator may at any time vary or revoke such a condition or add new conditions.
(5) Where a person is registered under this regulation as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.
(6) A person's registration under this regulation ceases to have effect if revoked by the regulator; and the regulator—
(a) must revoke the registration if the Secretary of State advises the regulator that the circumstances that led the Secretary of State to give the advice referred to in paragraph (1)(a) no longer exist;
(b) may at any time revoke the registration for any other reason, including where the regulator suspects that the person's fitness to practise may be impaired.
(7) A person's registration as a member of a specified group may be revoked—
(a) without the registration of the other members of the group being revoked, or
(b) as a result of a decision to revoke the registration of all the members of the group.
(8) If a person's registration under this regulation is revoked under paragraph (6)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked.
(9) If a person's registration under this section is revoked under paragraph (6)(b), the registration ceases to have effect immediately.
(10) The following provisions of these regulations do not apply to persons registered under this regulation—
(a) regulation 9 (content of the register), other than paragraph (1)(a), (b) and (ba) and paragraphs (1A) and (3);
(b) regulations 10 to 12 and 13 to 15 (other provisions relating to registration);
(c) regulation 16(4) and (5) (duty to provide information to regulator: sanctions);
(d) regulation 17 (fees for registration);
(e) Part 5 (discipline and fitness to practise).
(11) If a person breaches a condition to which the person's registration under this regulation is subject, anything done by the person in breach of the condition is to be treated as not done by a registered social worker.
(12) The regulator may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions under this regulation.
(13) This includes—
(a) making rules, and
(b) issuing guidance to persons registered under this regulation or to the public.
(14) Paragraphs (2) to (5) of regulation 3 do not apply to rules under paragraph (12)(a).
(15) In this regulation “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.
(4) Regulation 19 (registration appeals) has effect as if after paragraph (2) there were inserted—
(2A) Paragraph (1) does not apply to—
(a) a decision by the regulator to refuse to register a person under regulation 12A, or
(b) a decision by the regulator to revoke a person's registration under that regulation.
Regulation and Inspection of Social Care (Wales) Act 2016
2 (1) The Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) has effect as if it were subject to the following modifications.
(2) The Act has effect as if after section 83 of the English language text there were inserted—
Temporary registration in emergencies involving loss of human life or human illness etc
83A (1) The registrar may register a person as a social worker in the social worker part of the register, or the persons comprising a specified group of persons as social workers in that part, if—
(a) the Welsh Ministers have advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this section, and
(b) the registrar considers that the emergency registration requirement is met in relation to the person or group of persons.
(2) For the purposes of subsection (1)(b) the emergency registration requirement is met—
(a) in relation to a person, if the registrar considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency;
(b) in relation to a group of persons, if the registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency.
(3) The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group.
(4) The registrar may include an annotation in the social worker part of the register denoting that a person has been registered under this section.
(5) The registration of a person under this section has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions.
(6) Where a person is registered under this section as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group.
(7) A person's registration under this section ceases to have effect if revoked by the registrar; and the registrar—
(a) must revoke the registration if the Welsh Ministers advise the registrar that the circumstances that led the Welsh Ministers to give the advice referred to in subsection (1)(a) no longer exist;
(b) may at any time revoke the registration for any other reason, including where the registrar suspects that the person's fitness to practise may be impaired.
(8) A person's registration as a member of a specified group may be revoked—
(a) without the registration of the other members of the group being revoked, or
(b) as a result of a decision to revoke the registration of all the members of the group.
(9) If a person's registration under this section is revoked under subsection (7)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked.
(10) If a person's registration under this section is revoked under subsection (7)(b), the registration ceases to have effect immediately.
(11) Rules under section 74 may not provide for fees to be charged in respect of a person's registration under this section.
(12) The following provisions do not apply to persons registered under this section—
(a) sections 82, 83, 84, 86, 87, 89, 94 and 95 (provisions relating to registration) of this Act;
(b) sections 113 to 115 (continuing professional development) of this Act and rules made under any of those sections;
(c) Part 6 (social care workers: fitness to practise) of this Act, other than section 160(1) and (3) to (5).
(13) If a person breaches a condition to which the person's registration under this section is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered in the social worker part of the register.
(14) In this section “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.
(3) The Act has effect as if after section 83 of the Welsh language text there were inserted—
Cofrestru dros dro mewn argyfyngau sy'n cynnwys colli bywyd dynol neu salwch dynol etc
83A (1) Caiff y cofrestrydd gofrestru person fel gweithiwr cymdeithasol yn rhan gweithwyr cymdeithasol y gofrestr, neu bersonau sy'n ffurfio grŵp penodedig o bersonau fel gweithwyr cymdeithasol yn y rhan honno, —
(a) os yw Gweinidogion Cymru wedi cynghori'r cofrestrydd bod argyfwng wedi codi, yn codi neu ar fin codi, ac y dylai'r cofrestrydd ystyried gweithredu o dan yr adran hon, a
(b) os yw'r cofrestrydd yn ystyried bod y gofyniad ar gyfer cofrestru mewn argyfwng wedi ei fodloni mewn perthynas â'r person neu'r grŵp o bersonau.
(2) At ddibenion is-adran (1)(b) mae'r gofyniad ar gyfer cofrestru mewn argyfwng yn cael ei fodloni—
(a) mewn perthynas â pherson, os yw'r cofrestrydd yn ystyried bod y person yn berson addas a phriodol sydd â phrofiad cyfaddas i gael ei gofrestru fel gweithiwr cymdeithasol o ran yr argyfwng;
(b) mewn perthynas â grŵp o bersonau, os yw'r cofrestrydd yn ystyried bod y grŵp yn cael ei ffurfio o bersonau sydd o fath y gellir eu hystyried yn rhesymol yn bersonau addas a phriodol sydd â phrofiad cyfaddas i gael eu cofrestru fel gweithwyr cymdeithasol o ran yr argyfwng.
(3) Caiff y cofrestrydd gofrestru pob un o'r personau sy'n ffurfio grŵp penodedig o bersonau heb enwi'n gyntaf bob person yn y grŵp.
(4) Caiff y cofrestrydd gynnwys anodiad yn rhan gweithwyr cymdeithasol y gofrestr sy'n dynodi bod person wedi cael ei gofrestru o dan yr adran hon.
(5) Mae cofrestriad person o dan yr adran hon yn cael effaith yn ddarostyngedig i unrhyw amodau a osodir gan y cofrestrydd; a chaiff y cofrestrydd amrywio neu ddirymu unrhyw amod o'r fath neu ychwanegu unrhyw amodau newydd ar unrhyw adeg.
(6) Pan fo person wedi ei gofrestru o dan yr adran hon fel aelod o grŵp penodedig, caniateir i gofrestriad y person fod (ond nid oes rhaid iddo fod) yn ddarostyngedig i'r un amodau â chofrestriad aelodau eraill o'r grŵp.
(7) Mae cofrestriad person o dan yr adran hon yn peidio â chael effaith os caiff ei ddirymu gan y cofrestrydd; a—
(a) rhaid i'r cofrestrydd ddirymu'r cofrestriad os yw Gweinidogion Cymru yn cynghori'r cofrestrydd nad yw'r amgylchiadau a arweiniodd Gweinidogion Cymru at roi'r cyngor y cyfeirir ato yn is-adran (1)(a) bellach yn bodoli;
(b) caiff y cofrestrydd, ar unrhyw adeg, ddirymu'r cofrestriad am unrhyw reswm arall, gan gynnwys pan fo'r cofrestrydd yn amau y gall addasrwydd y person i ymarfer fod wedi ei amharu.
(8) Caniateir i gofrestriad person fel aelod o grŵp penodedig gael ei ddirymu—
(a) heb ddirymu cofrestriad aelodau eraill o'r grŵp, neu
(b) o ganlyniad i benderfyniad i ddirymu cofrestriad pob aelod o'r grŵp.
(9) Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran (7)(a), mae'r cofrestriad yn peidio â chael effaith ar ddiwedd cyfnod o 14 diwrnod sy'n dechrau â'r diwrnod y caiff ei ddirymu.
(10) Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran (7)(b), mae'r cofrestriad yn peidio â chael effaith ar unwaith.
(11) Ni chaiff rheolau o dan adran 74 ddarparu ar gyfer codi ffioedd o ran cofrestriad person o dan yr adran hon.
(12) Nid yw darpariaethau canlynol y Ddeddf yn gymwys i bersonau a gofrestrir o dan yr adran hon—
(a) adrannau 82, 83, 84, 86, 87, 89, 94 a 95 (darpariaethau sy'n ymwneud â chofrestru) o'r Ddeddf hon;
(b) adrannau 113 i 115 (datblygiad proffesiynol parhaus) o'r Ddeddf hon a rheolau a wneir o dan unrhyw un o'r adrannau hynny;
(c) Rhan 6 (gweithwyr gofal cymdeithasol: addasrwydd i ymarfer) o'r Ddeddf hon ac eithrio adran 160(1) a (3) i (5).
(13) Os yw person yn torri amod y mae cofrestriad y person o dan yr adran hon yn ddarostyngedig iddo, mae unrhyw beth a wneir gan y person yn groes i'r amod i'w drin fel peth nad yw wedi ei wneud gan berson a gofrestrwyd yn rhan gweithwyr cymdeithasol y gofrestr.
(14) Yn yr adran hon mae i “argyfwng” yr ystyr a roddir i'r math o “emergency” a ddisgrifir yn adran 19(1)(a) o Ddeddf Argyfyngau Sifil Posibl 2004, wedi ei darllen ynghyd ag is-adran (2)(a) a (b) o'r adran honno.
(4) Section 101 (appeals against decisions of the registrar) has effect as if—
(a) after subsection (2) of the English language text there were inserted—
(3) Subsection (1) does not apply to—
(a) a decision by the registrar to refuse to register a person under section 83A, or
(b) a decision by the registrar to revoke a person's registration under that section.
;
(b) after subsection (2) of the Welsh language text there were inserted—
(3) Nid yw is-adran (1) yn gymwys i—
(a) penderfyniad gan y cofrestrydd i wrthod cofrestru person o dan adran 83A, neu
(b) penderfyniad gan y cofrestrydd i ddirymu cofrestriad person o dan yr adran honno.
(5) Section 160(1) (power of Social Care Wales to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions under section 83A.
Section 10
PART 1 Introductory provision etc
Interpretation
1 (1) References in this Schedule to sections are to sections of the Mental Health Act 1983 (“the 1983 Act”).
(2) Expressions used in this Schedule and in the 1983 Act have the same meaning as in that Act.
Forms
2 Where any form prescribed for use in connection with a provision of the 1983 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—
(a) may, in connection with the provision as so modified, be used with appropriate amendments;
(b) is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.
Section 10
PART 1 Introductory provision etc
Interpretation
1 (1) In this Schedule—
“the 1986 Order” means the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));
“the 1986 Regulations” means the Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) Regulations (Northern Ireland) 1986 (S.R. (N.I.) 1986 No. 174);
“the Department of Health” means the Department of Health in Northern Ireland;
an “RQIA practitioner” means a medical practitioner appointed for the purposes of Part 2 of the 1986 Order by RQIA.
(2) In this Schedule—
(a) references to Articles are to Articles of the 1986 Order;
(b) references to Forms are to the Forms set out in the Schedule to the 1986 Regulations.
(3) Expressions used in this Schedule and in the 1986 Order have the meaning given in that Order.
Prescribed forms
2 Where any form prescribed for use in connection with a provision of the 1986 Order is inconsistent with a modification made by Part 2 of this Schedule, the form—
(a) may, in connection with the provision as so modified, be used with appropriate amendments;
(b) is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.
PART 3 Transitional provision
16 Paragraph 5, 6, 7 or 13(3) continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.
17 Where, by virtue of paragraph 9, a person has been remanded under Article 42 or 43 for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.
18 (1) Paragraph 13(1) or 14(4) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2).
(2) The constable or other person whose duty is modified by paragraph 13(1) or 14(4) (as the case may be) must in any event convey the person concerned to the requisite hospital before—
(a) the end of the period specified in Article 42(9)(c) or Article 46(2) or (3), without the modification made by the provision concerned, or
(b) the end of the period of seven days beginning with the day on which the period referred to in sub-paragraph (1) ends,
whichever is later.
PART 4 Review of operation of certain provisions of this Schedule
19 (1) Each HSC trust must maintain a record of each instance where—
(a) an application for assessment is made in reliance on paragraph 3,
(b) a patient was detained for assessment in reliance on Article 9(4)(aa) or (b) (as substituted by paragraph 6(2)(a)), and
(c) a report is furnished in reliance on paragraph 8.
(2) The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance—
(a) by the relevant social worker on paragraph 3,
(b) by the medical practitioner on Article 9(4)(aa) or (b) (as substituted by paragraph 6(2)(a)), or
(c) by the relevant medical practitioner on paragraph 8,
was appropriate.
(3) The HSC trust must send the report under sub-paragraph (2) to the Department of Health no later than 56 days after the end of a period for which the paragraph of this Schedule in question has effect.
Section 10
PART 1 Introductory provision etc
Interpretation
1 (1) In this Schedule, “the 2016 Act” means the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)).
(2) In this Schedule—
(a) references to sections are to sections of the 2016 Act;
(b) references to Schedules are to Schedules to that Act.
(3) Expressions used in this Schedule and in the 2016 Act have the meaning given in that Act.
Prescribed forms
2 Where any form prescribed for use in connection with a provision of the 2016 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—
(a) may, in connection with the provision as so modified, be used with appropriate amendments,
(b) is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.
PART 3 Transitional provision
20 Paragraph 5, 9, 11 or 18 continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.
PART 4 Review of operation of certain provisions of this Schedule
22 (1) Each HSC trust must maintain a record of each instance where a panel operates in reliance on paragraph 5 or 9.
(2) The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance on paragraph 5 or 9 was appropriate.
(3) The HSC trust must send the report under sub-paragraph (2) to the Department of Health in Northern Ireland no later than 3 months after the end of a period for which the paragraph of this Schedule in question has effect.
Section 15
PART 1 Powers and duties of local authorities in England
Introductory
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assessing needs for care and support
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Assessment of financial resources
3 (1) ...
This is subject to sub-paragraph (2).
(2) A local authority may not make a charge under section 14 of CA 2014 for meeting any needs under section 18, 19, 20 or 62 of that Act during a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect without having carried out an assessment under section 17 of that Act.
(3) The requirement under sub-paragraph (2) to carry out an assessment under section 17 of CA 2014 applies whether or not the authority has made a determination under section 13(1) of that Act.
Duties and powers to meet needs for care and support
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Charging for meeting needs during emergency period
10 (1) This paragraph applies where—
(a) at any time during an emergency period, a local authority begins to meet needs under section 18, 19, 20 or 62 of CA 2014,
(b) at that time, the authority would have been entitled to make a charge under section 14 of that Act for meeting any of those needs, but
(c) the authority decided not to carry out an assessment under section 17 of that Act before beginning to meet those needs.
In this paragraph “emergency period”, in relation to section 18, 19, 20 or 62 of CA 2014, means a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect.
(2) The local authority is not prevented by that decision from subsequently carrying out an assessment under section 17 of CA 2014 (whether during or after the emergency period) and deciding to make a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs.
(3) In so far as there is any charge for meeting any needs under section 18 or 19(2) of CA 2014 during the emergency period, the fact that condition 1, 2 or 3 in section 18 of that Act is not met at the time of the making of the charge does not affect anything already done under section 18 or (as the case may be) 19(2) of that Act.
(4) In so far as there is any charge for meeting any needs under section 20(1) of CA 2014 during the emergency period, the fact that condition 1, 2, 3 or 4 in that section is not met at the time of the making of the charge does not affect anything already done under that section.
Care and support plans etc
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Continuity of care and support when person moves
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 (1) This paragraph applies where—
(a) paragraph 12 has had effect for any period (“the emergency period”), and
(b) the emergency period has ended.
(2) Section 37 of CA 2014 has effect subject to the modifications in sub-paragraphs (3) to (5).
(3) In subsections (1) and (2)—
(a) any reference to notifying a local authority that an adult intends to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved to that area, and
(b) where a local authority is notified that an adult has moved to the authority's area by virtue of paragraph (a), the condition in subsection (1)(c) or (as the case may be) (2)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).
(4) In subsection (3)—
(a) the reference to notifying a local authority that an adult intends to move out of accommodation but to remain in the authority's area includes, in the case of an adult who moved out of accommodation in the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved out of the accommodation but has remained in that area, and
(b) where a local authority is notified that an adult has moved out of accommodation by virtue of paragraph (a), the condition in subsection (3)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).
(5) In a case where subsection (4)(b) does not apply by virtue of sub-paragraph (3)(b) or (4)(b), subsection (5) has effect as if the reference to having received the notification under subsection (4)(b) were omitted.
(6) The reference in section 38(1) of CA 2014 to the day of the intended move is, in the case of an adult who moved as mentioned in section 37(1)(b), (2)(b) or (3)(b) of that Act during the emergency period, to be read as a reference to the day on which that period ended.
Discharge of hospital patients with care and support needs
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transition for children to adult care and support
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties arising before commencement
16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Period within which assessments may be carried out
17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Guidance
18 (1) The Secretary of State may issue guidance about how local authorities are to exercise functions under any of the following enactments in consequence of the provision made by this Part of this Schedule—
(a) Part 1 of CA 2014;
(b) section 2 of the Chronically Sick and Disabled Persons Act 1970;
(c) section 17 of the Children Act 1989.
(2) A local authority must have regard to any guidance issued under this paragraph.
(3) A local authority must comply with such guidance issued under this paragraph as the Secretary of State directs.
(4) The Secretary of State—
(a) may from time to time revise any guidance issued under this paragraph;
(b) may vary or revoke a direction made under sub-paragraph (3).
(5) A local authority may disregard any guidance under section 7 of the Local Authority Social Services Act 1970 or section 78 of CA 2014, so far as it is inconsistent with guidance issued under this paragraph.
PART 2 Powers and duties of local authorities in Wales
Introductory
19 (1) In this Part of this Schedule “SSW(W)A 2014” means the Social Services and Well-being (Wales) Act 2014 (anaw 4).
(2) Expressions used in this Part of this Schedule and in SSW(W)A 2014 have the same meaning in this Part of this Schedule as in that Act.
Assessing needs for care and support
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty to carry out financial assessment
25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duties to meet needs for care and support
26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Charging for meeting needs during emergency period
30 (1) This paragraph applies where—
(a) at any time during an emergency period, a local authority begins to meet needs under section 35 or 40 of SSW(W)A 2014,
(b) at that time, the authority would have been entitled to impose a charge under section 59 of that Act for meeting any of those needs, but
(c) the authority decided not to carry out an assessment under section 63(2) of that Act before beginning to meet those needs.
In this paragraph “emergency period” means a period for which paragraph 26 or (as the case may be) 27 has effect.
(2) The local authority is not prevented by that decision from subsequently carrying out an assessment under section 63(2) of SSW(W)A 2014 (whether during or after the emergency period) and deciding to impose a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs.
(3) In so far as there is any charge for meeting any needs under section 35 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.
(4) In so far as there is any charge for meeting any needs under section 40 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.
Care and support plans etc
31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Portability of care and support
32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 (1) This paragraph applies where—
(a) paragraph 32 has had effect for any period (“the emergency period”), and
(b) the emergency period has ended.
(2) Section 56 of SSW(W)A 2014 has effect in the case of an adult with the modifications in sub-paragraphs (3) to (5).
(3) In subsection (1)—
(a) the reference to a local authority being notified that a person is going to move to the area of another local authority includes, in the case of an adult who moved to the area of another local authority during the emergency period, a reference to being notified that the adult has moved to that area, and
(b) where a local authority is notified that an adult has moved to the area of another local authority by virtue of paragraph (a), the reference to the authority being satisfied that the move is likely to happen is to be disregarded (and accordingly the requirement imposed by subsection (1)(a) does not apply).
(4) In subsection (2)—
(a) the reference to a local authority being notified that a person is going to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to that authority being notified that the adult has moved to that area, and
(b) where a local authority is notified that an adult has moved to the authority's area by virtue of paragraph (a), the reference to the authority being satisfied that the move is likely to happen is to be disregarded (and accordingly the requirement imposed by subsection (2)(a) does not apply).
(5) The reference in subsection (3) to the day the person moves to the area of a local authority is, in the case of an adult who moved to the area of a local authority during the emergency period, to be read as a reference to the day on which that period ended.
Duties arising before commencement
34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Guidance
35 (1) The Welsh Ministers may issue guidance about how local authorities are to exercise functions under Parts 2 to 5 of SSW(W)A 2014 in consequence of the provision made by this Part of this Schedule.
(2) A local authority must have regard to any guidance issued under this paragraph.
(3) A local authority must comply with such guidance issued under this paragraph as the Welsh Ministers direct.
(4) The Welsh Ministers—
(a) may from time to time revise any guidance issued under this paragraph;
(b) may vary or revoke a direction made under sub-paragraph (3).
(5) A local authority may disregard any provision of a code under section 145 of SSW(W)A 2014, so far as it is inconsistent with guidance issued under this paragraph.
SCHEDULE 13 Registration of deaths and still-births
Section 18
PART 1 England and Wales
Interpretation
1 (1) In this Part of this Schedule—
“the 1926 Act” means the Births and Deaths Registration Act 1926;
“the 1953 Act” means the Births and Deaths Registration Act 1953;
“the principal 1987 Regulations” means the Registration of Births and Deaths Regulations 1987 (S.I. 1987/2088);
“the 2019 Regulations” means the Notification of Deaths Regulations 2019 (S.I. 2019/1112).
(2) Expressions used in this Part of this Schedule and in the 1953 Act have the same meaning as in that Act.
Information concerning deaths: England and Wales
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Giving information other than in person and dispensing with signing the register
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Medical certificates of cause of death
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delivery of documents by alternative methods
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Further modifications of the principal 1987 Regulations
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Notification of death to coroner
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional provision
8 Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.
9 (1) This paragraph applies where, during any period for which paragraph 5 has effect, a person delivers a relevant document in reliance on that paragraph.
(2) The person must give, deliver or send the document in accordance with the applicable legislation as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.
(3) The Registrar General may give a direction—
(a) setting a later deadline than the one specified in sub-paragraph (2), or
(b) dispensing with the duty under sub-paragraph (2).
(4) A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.
(5) A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.
(6) A registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—
(a) setting a later deadline than the one specified in sub-paragraph (2), or
(b) dispensing with the duty under sub-paragraph (2).
(7) In this paragraph—
“applicable legislation” means—
in the case of a document within paragraph 5(2)(a), the 1953 Act, and
in the case of a document within paragraph 5(2)(b), the 1926 Act;
“relevant document” has the same meaning as in paragraph 5.
PART 2 Scotland
Interpretation
10 (1) In this Part of this Schedule “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965.
(2) Expressions used in this Part of this Schedule and in the 1965 Act have the same meaning as in that Act.
Information concerning deaths
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Giving information other than in person
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delivery of documents by alternative methods
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Guidance
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional provision
15 Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.
16 (1) This paragraph applies where, during any period for which paragraph 13 has effect, a person gives or delivers a relevant document in reliance on that paragraph.
(2) The person must give, deliver or send the document in accordance with the 1965 Act as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.
(3) The Registrar General may give a direction—
(a) setting a later deadline than the one specified in sub-paragraph (2), or
(b) dispensing with the duty under sub-paragraph (2).
(4) A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.
(5) A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.
(6) A district registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—
(a) setting a later deadline than the one specified in sub-paragraph (2), or
(b) dispensing with the duty under sub-paragraph (2).
(7) In this paragraph “relevant document” has the same meaning as in paragraph 13.
SCHEDULE 27 Use of live links in legal proceedings: Northern Ireland
Section 57
PART 1 Powers of courts and tribunals to direct use of live links
Proceedings to which this Part of this Schedule applies
1 (1) This Part of this Schedule applies to any proceedings in a court or statutory tribunal.
(2) In this Part of this Schedule “court” means—
(a) the Court of Appeal,
(b) the High Court,
(c) the Crown Court,
(d) a county court, or
(e) a magistrates' court.
(3) In this Part of this Schedule “statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include—
(a) a court, or
(b) any tribunal established by or under a statutory provision that could not have been included in an Act of the Northern Ireland Assembly made without the Secretary of State's consent.
(4) In this paragraph “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
Power to give direction for participation by live link
2 (1) A person may, if a court or statutory tribunal so directs, participate in any proceedings in the court or tribunal through a live link.
(2) A direction may not be given under this paragraph as respects a person's participation in proceedings as a member of a jury.
(3) A direction may be given under this paragraph in respect of a person—
(a) of the court or tribunal's own motion,
(b) on application by the person, or
(c) on application by a party to the proceedings.
(4) A court or tribunal may not give a direction under this paragraph unless the court or tribunal is satisfied that it is in the interests of justice to do so.
(5) In deciding whether to give a direction under this paragraph, the court or tribunal must consider all the circumstances of the case.
(6) Those circumstances include (in particular)—
(a) the views of the person;
(b) the views of the parties to the proceedings;
(c) public health interests.
(7) Where a court or tribunal refuses an application for a direction under this paragraph, it must—
(a) state openly its reasons for doing so, and
(b) if it is a magistrates' court, cause the reasons to be entered in the Order Book.
(8) Power of a court or tribunal to give a direction under this paragraph is additional to, and does not limit, any other power of the court or tribunal.
Effect, and rescission, of directions
3 (1) Where in any proceedings a court or tribunal—
(a) has given a direction under paragraph 2 in respect of a person, and
(b) has not rescinded the direction,
the person may not participate in the proceedings otherwise than through a live link.
(2) A court or tribunal may rescind a direction under paragraph 2 if it appears to the court or tribunal to be in the interests of justice to do so.
(3) Where it does so, the person concerned ceases to be able to participate in the proceedings through a live link, but this does not prevent a further direction under paragraph 2 being given in the proceedings in respect of the person.
(4) A direction under paragraph 2 in respect of a person may be rescinded—
(a) of the court or tribunal's own motion,
(b) on application by the person, or
(c) on application by a party to the proceedings.
(5) An application may not be made under sub-paragraph (4)(b) or (c) unless there has been a material change of circumstances since the direction was given.
(6) Where a court or tribunal rescinds a direction under paragraph 2, or refuses an application to rescind such a direction, it must—
(a) state openly its reasons for rescinding the direction or refusing the application, and
(b) if it is a magistrates' court, cause the reasons to be entered in the Order Book.
Meaning of references to participation in proceedings
4 A reference in this Part of this Schedule to participating in any proceedings includes (in particular) participation—
(a) as a party to the proceedings,
(b) as a witness,
(c) as a judge or other member of the court or tribunal,
(d) as a member of a jury,
(e) as a legal representative acting in the proceedings,
(f) as an interpreter or other person appointed by the court or tribunal to assist in the proceedings,
(g) as the clerk to the court or tribunal, or
(h) as a representative of the press.
Participation by persons outside the United Kingdom
5 (1) A direction under paragraph 2 may be given in respect of a person whether the person is in the United Kingdom or elsewhere.
(2) A statement made on oath by a person outside the United Kingdom and given in evidence through a live link in accordance with a direction under paragraph 2 is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been made in the proceedings in which it is given in evidence.
Meaning of “live link”
6 (1) In this Part of this Schedule “live link” means a live video link or a live audio link.
(2) A “live video link”, in relation to a person (“P”) participating in proceedings, is a live television link or other arrangement which—
(a) enables P to see and hear all other persons participating in the proceedings who are not in the same location as P, and
(b) enables all other persons participating in the proceedings who are not in the same location as P to see and hear P.
(3) A “live audio link”, in relation to a person (“P”) participating in proceedings, is a live telephone link or other arrangement which—
(a) enables P to hear all other persons participating in the proceedings who are not in the same location as P, and
(b) enables all other persons participating in the proceedings who are not in the same location as P to hear P.
(4) The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of sub-paragraphs (2) and (3).
Interpretation of this Part of this Schedule: general
7 The Interpretation Act (Northern Ireland) 1954 applies for the purposes of the preceding provisions of this Part of this Schedule as if those provisions were contained in an Act of the Northern Ireland Assembly.
PART 2 Public participation in proceedings where live links used
8 The Judicature (Northern Ireland) Act 1978 has effect as if after section 102 there were inserted—
PART 9A Use of live links in court or tribunal proceedings: public participation & offences of recording etc
Enabling the public to see and hear proceedings
102A (1) If proceedings in a court or statutory tribunal are to be conducted wholly as video proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—
(a) may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to see and hear the proceedings;
(b) may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court or tribunal to keep an audio-visual record of the proceedings.
(2) If proceedings in a court or statutory tribunal are to be conducted wholly as audio proceedings, whether or not as a result of directions given by the court or tribunal, the court or tribunal—
(a) may direct that the proceedings are to be broadcast (in the manner specified in the direction) for the purpose of enabling members of the public to hear the proceedings;
(b) may direct that a recording of the proceedings is to be made (in the manner specified in the direction) for the purpose of enabling the court or tribunal to keep an audio record of the proceedings.
(3) A direction under this section may relate to the whole, or to part, of the proceedings concerned.
Offences of recording or transmission in relation to broadcasting
102B (1) It is an offence for a person to make—
(a) an unauthorised recording, or
(b) an unauthorised transmission,
of an image or sound which is being broadcast in accordance with a direction under section 102A.
(2) It is an offence for a person to make—
(a) an unauthorised recording, or
(b) an unauthorised transmission,
of an image of, or sound made by, another person while the other person is viewing or listening to a broadcast made in accordance with a direction under section 102A.
(3) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the recording or transmission of the image or sound concerned, the person—
(a) was not in designated live-streaming premises, and
(b) did not know, and could not reasonably have known, that the image or sound was—
(i) being broadcast in accordance with a direction under section 102A (in the case of an offence under subsection (1)), or
(ii) an image of, or sound made by, another person while viewing or listening to a broadcast made in accordance with a direction under section 102A (in the case of an offence under subsection (2)).
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) For the purposes of this section it does not matter whether a person making a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
(6) For the purposes of this section, a recording or transmission is “unauthorised” unless it is—
(a) authorised by a direction under section 102A,
(b) otherwise authorised (generally or specifically) by the court or tribunal in which the proceedings concerned are conducted, or
(c) authorised (generally or specifically) by the Department.
Offences of recording or transmitting participation through live link
102C (1) It is an offence for a person to make—
(a) an unauthorised recording, or
(b) an unauthorised transmission,
of an image or sound which is being transmitted through a live video link or transmitted through a live audio link.
(2) It is an offence for a person (“P”) to make—
(a) an unauthorised recording, or
(b) an unauthorised transmission,
of an image of, or sound made by, any person (whether P or another person) while that person is participating in court or tribunal proceedings through a live video link or live audio link.
(3) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that, at the time of the recording or transmission, the person did not know, and could not reasonably have known, that the image or sound concerned—
(a) was being transmitted through a live video link or through a live audio link (in the case of an offence under subsection (1)), or
(b) was an image of, or sound made by, a person while that person was participating in court or tribunal proceedings through a live video link or live audio link (in the case of an offence under subsection (2)).
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5) For the purposes of this section it does not matter whether a person making a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
(6) For the purposes of this section, a recording or transmission is “unauthorised” unless it is—
(a) authorised (generally or specifically) by the court or tribunal in which the proceedings are conducted, or
(b) authorised (generally or specifically) by the Department.
Interpretation of Part 9A
102D (1) This section applies for the purposes of this Part.
(2) The following expressions have the meanings given—
“court” means—
the Court of Appeal,
the High Court,
the Crown Court,
a county court, or
a magistrates' court;
“court or tribunal proceedings” means any proceedings in any court or statutory tribunal;
“the Department”—
in relation to a court, means the Department of Justice, and
in relation to a statutory tribunal, means a Northern Ireland department;
“designated live-streaming premises” means premises that are designated by the Department for the purposes of this section as premises provided by the Department for the purpose of enabling members of the public to see and hear, or hear, proceedings that are broadcast in accordance with directions under section 102A;
“recording” means a recording on any medium—
of a single image, a moving image or any sound, or
from which a single image, a moving image or any sound may be produced or reproduced;
“statutory tribunal” means a tribunal (however named or described, and including a coroner holding an inquest) established by or under a statutory provision, but does not include—
a court, or
any tribunal established by or under a statutory provision that could not have been included in an Act of the Northern Ireland Assembly made without the Secretary of State's consent;
“transmission” means any transmission by electronic means of a single image, a moving image or any sound.
(3) A “live video link”, in relation to a person (“P”) taking part in proceedings, is a live television link or other arrangement which—
(a) enables P to see and hear all other persons taking part in the proceedings who are not in the same location as P, and
(b) enables all other persons taking part in the proceedings who are not in the same location as P to see and hear P.
(4) Proceedings are conducted wholly as video proceedings if—
(a) directions have been given, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live video link, and
(b) all those persons take part in the proceedings in accordance with those directions.
(5) A “live audio link”, in relation to a person (“P”) taking part in proceedings, is a live telephone link or other arrangement which—
(a) enables P to hear all other persons taking part in the proceedings who are not in the same location as P, and
(b) enables all other persons taking part in the proceedings who are not in the same location as P to hear P.
(6) Proceedings are conducted wholly as audio proceedings if—
(a) directions have been given, whether under paragraph 2 of Schedule 27 to the Coronavirus Act 2020 or any other power, for all the persons taking part in the proceedings to do so through a live audio link, and
(b) all those persons take part in the proceedings in accordance with those directions.
(7) An image or sound—
(a) is transmitted through a live video link if it is transmitted as part of a person's participation in court or tribunal proceedings through a live video link;
(b) is transmitted through a live audio link if it is transmitted as part of a person's participation in court or tribunal proceedings through a live audio link.
(8) The extent (if any) to which a person is unable to hear or see by reason of any impairment of hearing or eyesight is to be disregarded for the purposes of subsections (3) and (5).