C1C2PART 1Care and support
Pt. 1 applied in part (with modifications) (1.4.2015 coming into force in accordance with reg. 1(1)) by The Care and Support (Children's Carers) Regulations 2015 (S.I. 2015/305), regs. 1(1), 2(1)(a)(2), 4-12; S.I. 2015/993, art. 2(q)
Duties and powers to meet needs
22C1C2Exception for provision of health services
I31
A local authority may not meet needs under sections 18 to 20 by providing or arranging for the provision of a service or facility that is required to be provided under the National Health Service Act 2006 unless—
a
doing so would be merely incidental or ancillary to doing something else to meet needs under those sections, and
b
the service or facility in question would be of a nature that the local authority could be expected to provide.
I32
Regulations may specify—
a
types of services or facilities which, despite subsection (1), may be provided or the provision of which may be arranged by a local authority, or circumstances in which such services or facilities may be so provided or the provision of which may be so arranged;
b
types of services or facilities which may not be provided or the provision of which may not be arranged by a local authority, or circumstances in which such services or facilities may not be so provided or the provision of which may not be so arranged;
c
services or facilities, or a method for determining services or facilities, the provision of which is, or is not, to be treated as meeting the conditions in subsection (1)(a) and (b).
I33
A local authority may not meet needs under sections 18 to 20 by providing or arranging for the provision of nursing care by a registered nurse.
4
But a local authority may, despite the prohibitions in subsections (1) and (3), arrange for the provision of accommodation together with the provision of nursing care by a registered nurse if—
I1I2a
the authority has obtained consent for it to arrange for the provision of the nursing care from whichever F2integrated care board regulations require, or
I3b
the case is urgent and the arrangements for accommodation are only temporary.
I35
In a case to which subsection (4)(b) applies, as soon as is feasible after the temporary arrangements are made, the local authority must seek to obtain the consent mentioned in subsection (4)(a).
I1I26
Regulations may require a local authority—
a
to be involved in the specified manner in processes for assessing a person's needs for health care and for deciding how those needs should be met;
I37
Nothing in this section affects what a local authority may do under the National Health Service Act 2006, including entering into arrangements under regulations under section 75 of that Act (arrangements with NHS bodies).
I38
A reference to the provision of nursing care by a registered nurse is a reference to the provision by a registered nurse of a service involving—
a
the provision of care, or
b
the planning, supervision or delegation of the provision of care,
other than a service which, having regard to its nature and the circumstances in which it is provided, does not need to be provided by a registered nurse.
I39
I310
For the purposes of its application in relation to the duty in section 2(1) (preventing needs for care and support), this section is to be read as if references to meeting needs under sections 18 to 20 were references to performing the duty under section 2(1).
Pt. 1 modified (1.4.2015) by The Care and Support (Isles of Scilly) Order 2015 (S.I. 2015/642), arts. 1, 2(2)(a); S.I. 2015/993, art. 2(a)