42 Power to extend the application of Part II.E+W
(1)Regulations may provide for the provisions of this Part to apply, with such modifications as may be specified in the regulations, to prescribed persons to whom subsection (2) [F1, (2A)] or (3) applies.
[F2(2)This subsection applies to persons who provide services which are similar to services which may or must be provided by Welsh NHS bodies.]
(2A)This subsection applies to—
(a)English local authorities providing services in the exercise of their social services functions so far as relating to persons aged under 18, and
(b)persons who provide services which are similar to services which may or must be so provided by English local authorities.
(3)This subsection applies to persons who carry on or manage an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, individuals mentioned in subsection (4).
(4)The individuals referred to in subsection (3) are those who provide services for the purpose of any of the services mentioned in subsection (2) [F3or (2A)].
F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(6)For the purposes of this section, functions mentioned in section 135(1)(e) of the Education and Inspections Act 2006 are taken to be social services functions relating to persons aged under 18.
(7)In this section—
“cross-border Special Health Authorities” means Special Health Authorities not performing functions only or mainly in respect of England or only or mainly in respect of Wales,
“English local authorities” means local authorities in England,
F6...
“Welsh NHS bodies” means—
(a)Local Health Boards,
(b)National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales,
(c)Special Health Authorities performing functions only or mainly in respect of Wales, and
(d)cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.]
Textual Amendments
F1Words in s. 42(1) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 28(2); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
F2S. 42(2) substituted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 13(a); S.I. 2019/864, art. 2(3)(d), Sch. (with arts. 3-13)
F3Words in s. 42(4) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 28(4); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
F4S. 42(5) repealed (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(1)(b)(3), Sch. 5 para. 28(5); Sch. 15 Pt. 1; S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
F5S. 42(6)(7) inserted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 28(6); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
F6Words in s. 42(7) repealed (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 13(b); S.I. 2019/864, art. 2(3)(d), Sch. (with arts. 3-13)
Commencement Information
I1S. 42 wholly in force at 1.9.2003; s. 42 not in force at Royal Assent see s. 122; s. 42 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 42 in force for E. at 1.9.2003 by S.I. 2003/933, art. 2(3)