House of Commons - Explanatory Note
Health And Social Care Bill - continued          House of Commons

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The Community Care (Direct Payments) Act 1996

393. This Act enables (but does not require) local authorities to make cash payments to adult persons specified in regulations as an alternative directly to providing or arranging community care services. The Act provides that where an authority makes a direct payment the authority ceases to be under a duty with respect to the provision of the service to which the direct payment relates, provided that they are satisfied that the person's need will be met by the person's own arrangements. The Act also enables regulations to set out a category of person from whom services may not be secured by means of a direct payment and also the maximum period of residential accommodation which may be secured by means of a direct payment (see the Community Care (Direct Payments) Regulations 1997.The Carers and Disabled Children Act 2000 makes amendments to the 1996 Act to enable local authorities to make direct payment to carers in lieu of services under section 2(1) of the 2000 Act. Under the provisions persons who are to be provided with carers services are eligible for direct payments in respect of those services unless they are of a description specified in regulations. The 2000 Act also inserts section 17A into the Children Act 1989 to enable local authorities to make direct payments to persons having parental responsibility for a disabled child and also to make direct payments to disabled children aged 16 or 17. Regulations under section 17A may prescribe categories of person from whom a person may not secure services with a direct payment.



Other Relevant Legislation

The Medicines Act 1968

394. The Medicines Act 1968 regulates the licensing, sale, supply and administration of medicinal products, and applies to both the private sale, supply and administration of medicinal products and to the supply and administration of such products in the NHS.

395. Section 58 of the Medicines Act 1968 provides for the designation of descriptions or classes of health professional, falling within the classes listed in section 58(1), for the purpose of prescribing or administering prescription only medicines. It is unlawful for such medicines to be sold or supplied - whether privately or on the NHS - except under the prescription of a designated health professional, or administered except by or under the directions of such a professional.


396. Many of the functions of the Secretary of State in relation to the NHS are exercised in Wales by the National Assembly for Wales for Wales. This Bill has been drafted in consultation with the National Assembly for Wales for Wales and they agree with the provisions contained in it


397. The legislative framework for the NHS in Scotland is devolved. However this Bill will amend the Social Work Scotland Act 1968.

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Prepared: 21 December 2000