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Make requirements relating to the collection and dissemination of information |
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on people with autism; to make provision about support for people with |
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autism; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Duty to record and provide information on the number of children with |
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(1) | The Children Act 1989 (c. 41) is amended as follows. |
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(2) | In Schedule 2, after sub-paragraph (2) of paragraph 2, insert— |
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“(3) | The register shall in particular record how many disabled children in |
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the local authority’s area are children with autism. |
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(4) | Every local authority shall provide the contents of the register to its |
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relevant partners on an annual basis. |
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(5) | For the purposes of sub-paragraph (3), “autism” has the same |
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meaning as in section 7 of the Autism Act 2009. |
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(6) | For the purposes of sub-paragraph (4), “relevant partners” are those |
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organisations set out in section 10(4) of the Children Act 2004 |
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2 | Duty to consider needs of children with autism in preparing a children and |
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(1) | The Children Act 2004 is amended as follows. |
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(2) | In section 17(3), at end insert— |
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“(c) | The children’s services authority’s assessment of— |
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(i) | the specific needs of children with autism in its area; |
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(ii) | the services required to meet those needs, and |
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(iii) | the training requirements of staff employed or |
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commissioned by the children’s services authority to |
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enable such services to be delivered effectively. |
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(d) | In making the assessment under sub-paragraph (c) above, the |
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children’s services authority must have regard to the views of |
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children and young people with autism in its area and the views |
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of their parents and carers. |
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(e) | For the purposes of paragraphs (c) and (d), “autism” has the |
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same meaning as in section 7 of the Autism Act 2009. |
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3 | Duty to promote effective transition for young people with autism |
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(1) | The Children Act 1989 (c. 41) is amended as follows. |
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(2) | In Schedule 2, paragraph 2, at end insert— |
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“(7) | Every local authority shall ensure that the register is reviewed at |
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least on one occasion in every three-month period from the date this |
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Act comes into force by its director of children’s services and the |
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director of adult services, for the purpose of improving the planning |
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of services for children and adults with autism and, in particular, |
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their transition between children and adult services.” |
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4 | Duty to recognise the needs of persons with autism |
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(1) | The Local Government and Public Involvement in Health Act 2007 (c. 28) is |
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(2) | In section 116 (health and social care: joint strategic needs assessments) after |
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“(4A) | In preparing an assessment of relevant needs, local authorities and |
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partner Primary Care Trusts must have particular regard to the |
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requirements for services and support of persons with autism.” |
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5 | Duty to promote services and support for adults with autism: England |
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(1) | It shall be the duty of the Secretary of State to promote the provision of services |
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and support by local authorities and NHS bodies to adults with autism. |
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(2) | The duty imposed by subsection (1) shall be performed in accordance with |
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regulations made by the Secretary of State. |
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(3) | In particular, regulations made under subsection (2) must make provision in |
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(a) | the structures within local authorities and NHS bodies to be used to |
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promote the fulfilment of the duty set out in subsection (1); |
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(b) | workforce requirements, including the training needs of professionals; |
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(c) | the provision of diagnostic services for adults with autism; |
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(d) | the provision of assessment services for adults with autism; |
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(e) | the collection of data on the population of adults with autism and their |
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requirements for services and support; |
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(f) | the arrangements for sharing of good practice in the provision of |
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autism support services at regional and national levels. |
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(4) | The Secretary of State must, before making regulations under subsection (3), |
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(a) | local authorities and NHS bodies; |
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(b) | persons with autism, or representatives of persons with autism as |
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(c) | organisations representing persons affected by autism; |
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(d) | user-led organisations representing persons with autism; and |
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(e) | organisations representing professionals delivering autism support |
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(5) | In complying with any regulations issued under this section local authorities |
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and NHS bodies must, so far as is reasonably practicable and consistent with |
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these regulations, promote independent living for persons with autism. |
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(6) | Regulations and orders made under this section shall be made by statutory |
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(7) | No regulations or orders under subsection (6) may be made unless a draft has |
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been laid before, and approved by a resolution of, each House of Parliament. |
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6 | Duty to promote services and support for adults with autism: Wales |
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(1) | It shall be the duty of the Welsh Ministers for the National Assembly of Wales |
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to promote the provision of services and support by local authorities and |
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Welsh NHS bodies to adults with autism. |
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(2) | The duty imposed by subsection (1) shall be performed in accordance with |
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regulations made by the Welsh Ministers. |
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(3) | The Welsh Ministers must, before making regulations under subsection (2), |
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(a) | local authorities and Welsh NHS bodies; |
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(b) | persons with autism, or representatives of persons with autism as |
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(c) | organisations representing persons affected by autism; |
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(d) | user-led organisations representing persons with autism; |
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(e) | organisations representing professionals delivering autism support |
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(f) | organisations involved in research relating to care services for persons |
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(4) | In complying with any regulations issued under this section local authorities |
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and Welsh NHS bodies must, so far as is reasonably practicable and consistent |
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with these regulations, promote independent living for persons with autism. |
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“adult” means person over 18 years; |
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“autism” includes all autism spectrum disorders, including Asperger’s |
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“autism support services” means services provided by local authorities |
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and NHS bodies for the assessment, care and support of persons with |
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“independent living” means persons with autism enjoying the same |
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choice, freedom, dignity, control and substantive opportunities as |
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persons who are not disabled; |
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“local authority” means, in relation to England, a unitary authority, the |
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council of a county, a metropolitan district, a London Borough, the |
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Common Council of the City of London or the Council of the Isles of |
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Scilly, and in relation to Wales, the council of a county or a county |
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(a) | a Strategic Health Authority, |
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(b) | a Primary Care Trust, |
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(d) | a Mental Health Trust, |
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(e) | a Special Health Authority, |
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(f) | an NHS Foundation Trust; |
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“relevant strategy documents and plans” means documents produced by |
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local authorities and NHS bodies for purposes of planning for the |
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provision of health and social care services; |
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“user-led organisations” means organisations where the majority of the |
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trustee board, management committee or senior management team (or |
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equivalent) are disabled, within the meaning of section 1 of the |
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Disability Discrimination Act 1995 (c. 50); |
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“Welsh NHS bodies” includes— |
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There shall be paid out of money provided by Parliament— |
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(a) | any expenditure incurred under or by virtue of this Act by the Secretary of |
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(b) | any increase attributable to this Act in the sums payable under any other Act |
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out of money so provided. |
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9 | Short title, commencement and extent |
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(1) | This Act may be cited as the Autism Act 2009. |
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(2) | Apart from this section, this Act comes into force on such day as may be |
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appointed by order made by statutory instrument. |
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(3) | An order under subsection (2) shall be made— |
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(a) | in relation to England, by the Secretary of State; and |
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(b) | in relation to Wales, by the National Assembly for Wales. |
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(4) | The Secretary of State may by order made by statutory instrument provide that |
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this Act shall have effect in its application to the Isles of Scilly with such |
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modifications as are specified in the order. |
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(5) | A statutory instrument containing an order under this section shall be subject |
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to annulment in pursuance of a resolution of either House of Parliament. |
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(6) | Sections 1 to 5 and 7 to 9 extend to England only. |
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