Commentary on Sections Part 2: Disabled people: Right to control provision of services Section 39: Relevant services
201.Subsections (1) and (2) define as ‘relevant services’ the services to which regulations under this Part may relate.
202.Subsection (3) extends the definition of relevant services to include the provision by a relevant authority (defined in section 40) of grants or loans to a disabled person.
203.Subsection (4) provides that relevant services do not include ‘excluded services’. Excluded services are defined in subsections (6) and (7). The excluded services are services which are already the subject of a ‘direct payments’ scheme.
204.Subsection (5) provides that the exclusion of community care services from the definition of relevant services is to be subject to the disapplication of that exclusion for the purpose of pilot schemes under section 44(4) and to the order-making power in section 48 that would enable the permanent removal of the exclusion of community care services following the evaluation of the pilots or the issuing of directions.