Some of the important legal provisions and existing statutory guidance which are to be replaced by the Care Act 2014 and the associated regulations and guidance are summarised below. Where existing provisions relate to jurisdictions other than England, the provisions will be disapplied so that they no longer relate to English local authorities. Where provisions relate to children as well as adults, they will be disapplied in relation to adults, but will remain in force in relation to children.
The repeals and revocations required will be provided for by Orders under the Care Act. The final detail of which precise provisions are to be replaced is to be confirmed during the consultation process. The tables below are not therefore a final position, but intended to given an indication of the scope of the Act, and the main existing provisions which are to be affected.
Primary legislation to be repealed or disapplied
Title of legislation to be repealed, in whole or in part
- National Assistance Act 1948
- Health Services and Public Health Act 1968
- Local Authority Social Services Act 1970
- Chronically Sick and Disabled Persons Act 1970
- Health and Social Services and Social Security Adjudications Act 1983
- Disabled Persons (Services, Consultation and Representation) Act 1986
- National Health Service and Community Care Act 1990
- Carers (Recognition and Services) Act 1995
- Carers and Disabled Children Act 2000
- Health and Social Care Act 2001
- Community Care (Delayed Discharges etc.) Act 2003
- Carers (Equal Opportunities) Act 2004
- National Health Service Act 2006
Secondary legislation to be revoked
Title of instruments to be revoked, in whole or in part
- Approvals and directions under S.21(1) NAA 1948 (LAC (93)10) National Assistance (Assessment of Resources) Regulations 1992
- National Assistance Act 1948 (Choice of Accommodation) Directions 1992
- National Assistance (Residential Accommodation) (Relevant Contributions) Regulations 2001
- National Assistance (Residential Accommodation) (Additional Payments and Assessment of Resources) Regulations 2001
- Delayed Discharges (Mental Health Care) (England) Order 2003
- Delayed Discharges (England) Regulations 2003
- National Assistance (Sums for Personal Requirements) Regulations 2003
- Community Care (Delayed Discharges etc.) Act (Qualifying Services) Regulations 2003
- Community Care Assessment Directions 2004
- Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009
- NHS Continuing Healthcare (Responsibilities) Directions 2009
- Ordinary Residence Disputes (National Assistance Act 1948) Directions 2010
Statutory guidance to be cancelled
Title of guidance to be cancelled
- Prioritising need in the context of Putting People First: a whole system approach to eligibility for social care (2010)
- Fairer Charging Policies for Home Care and other non-residential Social Services (2013) and LAC (2001)32
- Charging for residential accommodation guidance (CRAG) (2014)
- Guidance on direct payments for community care, services for carers and children’s services (2009)
- The Personal Care at Home Act 2010 and Charging for Reablement (LAC (2010)6) Charging for residential accommodation guidance (CRAG) (2014)
- Identifying the ordinary residence of people in need of community care services (2013) Transforming Adult Social Care (LAC (2009)1)
- Guidance on National Assistance Act 1948 (Choice of Accommodation) Directions 1992 and National
- Assistance (Residential Accommodation) (Additional Payments) Regulations 2001 (LAC (2004)20)
- The Community Care (Delayed Discharges etc.) Act 2003 guidance for implementation (LAC (2003)21)
- Fair Access to Care Services (FACS): Guidance on eligibility criteria for adult social care (2002)
- Carers and people with parental responsibility for disabled children (2001)
- No secrets: guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse (2000)
- Caring for people: community care in the next decade and beyond (1990)
