Annex: Territorial Application to Wales and Functions of the Welsh Ministers Part 5 – Miscellaneous Social care
12.Section 145, which provides that where a private or voluntary sector care home provides accommodation together with nursing or personal care to a person under certain arrangements made with a local authority the provider is taken to be exercising a function of a public nature under section 6(3)(b) of the Human Rights Act 1998, applies in relation to Wales.
13.The extension of direct payments to include people who lack capacity (within the meaning of the Mental Capacity Act 2005) covers Wales to the same extent as section 57 of the Health and Social Care Act 2001 (which provides for direct payments in respect of adults) does now. Subsection (8) of section 146 amends section 64 of the 2001 Act to enable the National Assembly for Wales to pass a resolution annulling any statutory instrument containing regulations made by the Welsh Ministers under section 57 of the 2001 Act.
14.Section 147, which abolishes the maintenance liability of relatives, applies in relation to Wales in the same way as it applies in relation to England.
15.Section 148 makes provision about a number of discrete matters in relation to ordinary residence for the purposes of the National Assistance Act 1948 and the Chronically Sick and Disabled Persons Act 1970. It extends the deeming provision in section 24(6) of the 1948 Act to accommodation provided by NHS bodies in places other than NHS hospitals. It also gives the Secretary of State and the Welsh Ministers the power to make and publish arrangements for determining which ordinary residence disputes arising under Part 3 of the 1948 Act shall be determined by the Secretary of State and which shall be determined by the Welsh Ministers; and provides that the same arrangements shall apply to ordinary residence disputes arising under section 2 of the 1970 Act.