Legislation – Care Act 2014
Changes to legislation:
Care Act 2014, Paragraph 5 is up to date with all changes known to be in force on or before 06 April 2026. 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.
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.
Changes and effects yet to be applied to Schedule 1 Paragraph 5:
- s. 15(2)–(3B) substituted for s. 15(2)(3) by 2022 c. 31 s. 166(2)
- s. 26(1)–(2A) substituted for s. 26(1)(2) by 2022 c. 31 s. 166(4)
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):
- s. 15(2)–(3B) substituted for s. 15(2)(3) by 2022 c. 31 s. 166(2)
- s. 26(1)–(2A) substituted for s. 26(1)(2) by 2022 c. 31 s. 166(4)
SCHEDULE 1Cross-border placements
Dispute resolution
5
(1)
Any dispute about the application of any of paragraphs 1 to 4 to an adult’s case is to be determined in accordance with this paragraph.
(2)
If the dispute is between a local authority in England and a local authority in Wales, it is to be determined by the Secretary of State or the Welsh Ministers.
(3)
If the dispute is between a local authority in England and a local authority in Scotland, it is to be determined by the Secretary of State or the Scottish Ministers.
(4)
If the dispute is between a local authority in England and a Health and Social Care trust, it is to be determined by the Secretary of State or the Northern Ireland Department.
(5)
If the dispute is between a local authority in Wales and a local authority in Scotland, it is to be determined by the Welsh Ministers or the Scottish Ministers.
(6)
If the dispute is between a local authority in Wales and a Health and Social Care trust, it is to be determined by the Welsh Ministers or the Northern Ireland Department.
(7)
If the dispute is between a local authority in Scotland and a Health and Social Care trust, it is to be determined by the Scottish Ministers or the Northern Ireland Department.
(8)
“(2A)
Any question under this Order as to the ordinary residence of a person is to be determined by the Department.”
(9)
Regulations must make provision for determining which of the persons concerned is to determine the dispute; and the regulations may, in particular, provide for the dispute to be determined by whichever of them they agree is to do so.
(10)
Regulations may make provision for the determination of disputes between more than two parties.
(11)
Regulations may make further provision about determination of disputes under this paragraph or under regulations under sub-paragraph (10); the regulations may, for example, include—
(a)
provision requiring parties to a dispute to take specified steps before referring the dispute for determination under this paragraph;
(b)
provision about the procedure for referring the dispute under this paragraph.