Search Legislation

Care Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 125

 Help about opening options

Changes to legislation:

Care Act 2014, Section 125 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

125Regulations and ordersU.K.

This section has no associated Explanatory Notes

(1)A power to make regulations under this Act is exercisable by the Secretary of State.

(2)Regulations and orders under this Act must be made by statutory instrument.

(3)Subject to subsections (4) and (6), a statutory instrument containing regulations or an order under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(a)regulations under section 13(7) (the eligibility criteria);

(b)regulations under section 15(4) (the cap on care costs) other than those made in discharge of the duty under section 16(1);

(c)the first regulations under section 15(8) (the amount attributable to an adult's daily living costs);

(d)regulations under section 22(2)(b) (services or facilities which a local authority may not provide or arrange);

(e)regulations under section 35(9) or 36(3) (deferred payment agreements and loans and alternative financial arrangements) which include provision that amends or repeals a provision of an Act of Parliament, or provides for a provision of an Act of Parliament to apply with modifications;

(f)the first regulations under section 52(12) (meaning of references to business failure);

(g)the first regulations under section 53(1) (criteria for application of market oversight regime);

(h)the first regulations under section 53(4) (disapplication of market oversight regime in particular cases);

(i)the first regulations under section 62(2) (exercise of power to meet child's carer's needs for support);

(j)the first regulations under section 72 (Part 1 appeals);

(k)subsequent regulations under that section which include provision that amends or repeals a provision of an Act of Parliament, or provides for a provision of an Act of Parliament to apply with modifications;

[F1(ka)regulations under section 72A(6) (modification of enactments where local authority functions are exercised by the Secretary of State or a nominee);]

(l)an order under section 79(9) (delegation of local authority functions);

(m)regulations under section 92 (offence of supplying etc false or misleading information);

(n)an order under section 123 (consequential provision) which includes provision that amends or repeals a provision of an Act of Parliament, or provides for a provision of an Act of Parliament to apply with modifications;

(o)regulations under paragraph 18 of Schedule 7 (fees chargeable by the HRA).

(5)Subsection (4) does not apply to a statutory instrument which contains regulations or an order within paragraph (e), (k) or (n) of that subsection, if the regulations or order are within the paragraph in question only because they include provision that applies an Act of Parliament with modifications for the purpose of making saving, transitional or transitory provision.

(6)Subsection (3) does not apply to—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an order under section 109 (transfer order to new HRA);

(c)an order under section 124 (transitional etc. provision);

(d)an order under section 127 (commencement).

(7)A power to make regulations or an order under this Act—

(a)may be exercised for all cases to which the power applies, for those cases subject to specified exceptions, or for any specified cases or descriptions of case,

(b)may be exercised so as to make, for the cases for which it is exercised—

(i)the full provision to which the power applies or any less provision (whether by way of exception or otherwise);

(ii)the same provision for all cases for which the power is exercised, or different provision for different cases or different descriptions of case, or different provision as respects the same case or description of case for different purposes of this Act;

(iii)any such provision either unconditionally or subject to specified conditions, and

(c)may, in particular, make different provision for different areas.

(8)A power to make regulations or an order under this Act (other than the power to make an order under section 124 or 127) includes —

(a)power to make incidental, supplementary, consequential, saving, transitional or transitory provision, and

(b)power to provide for a person to exercise a discretion in dealing with a matter.

(9)Before making regulations under section 52(12) (meaning of references to business failure), the Secretary of State must consult the Welsh Ministers and the Department for Health, Social Services and Public Safety in Northern Ireland.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources