Coronavirus Act 2020

(83A) (1) The registrar may register a person as a social worker in the social worker part of the register, or the persons comprising a specified group of persons as social workers in that part, if— (a) the Welsh Ministers have advised the registrar that an emergency has occurred, is occurring or is about to occur and that the registrar should consider acting under this section, and (b) the registrar considers that the emergency registration requirement is met in relation to the person or group of persons. (2) For the purposes of subsection (1)(b) the emergency registration requirement is met— (a) in relation to a person, if the registrar considers that the person is a fit, proper and suitably experienced person to be registered as a social worker with regard to the emergency; (b) in relation to a group of persons, if the registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as social workers with regard to the emergency. (3) The registrar may register all of the persons comprising a specified group of persons without first identifying each person in the group. (4) The registrar may include an annotation in the social worker part of the register denoting that a person has been registered under this section. (5) The registration of a person under this section has effect subject to any conditions imposed by the registrar; and the registrar may at any time vary or revoke such a condition or add new conditions. (6) Where a person is registered under this section as a member of a specified group, the person's registration may (but need not) be subject to the same conditions as the registration of other members of the group. (7) A person's registration under this section ceases to have effect if revoked by the registrar; and the registrar— (a) must revoke the registration if the Welsh Ministers advise the registrar that the circumstances that led the Welsh Ministers to give the advice referred to in subsection (1)(a) no longer exist; (b) may at any time revoke the registration for any other reason, including where the registrar suspects that the person's fitness to practise may be impaired. (8) A person's registration as a member of a specified group may be revoked— (a) without the registration of the other members of the group being revoked, or (b) as a result of a decision to revoke the registration of all the members of the group. (9) If a person's registration under this section is revoked under subsection (7)(a), the registration ceases to have effect at the end of the period of 14 days beginning with the day on which it is revoked. (10) If a person's registration under this section is revoked under subsection (7)(b), the registration ceases to have effect immediately. (11) Rules under section 74 may not provide for fees to be charged in respect of a person's registration under this section. (12) The following provisions do not apply to persons registered under this section— (a) sections 82, 83, 84, 86, 87, 89, 94 and 95 (provisions relating to registration) of this Act; (b) sections 113 to 115 (continuing professional development) of this Act and rules made under any of those sections; (c) Part 6 (social care workers: fitness to practise) of this Act, other than section 160(1) and (3) to (5). (13) If a person breaches a condition to which the person's registration under this section is subject, anything done by the person in breach of the condition is to be treated as not done by a person registered in the social worker part of the register. (14) In this section “emergency” means an emergency of the kind described in section 19(1)(a) of the Civil Contingencies Act 2004, read with subsection (2)(a) and (b) of that section.

• (3) The Act has effect as if after section 83 of the Welsh language text there were inserted—

(83A) (1) Caiff y cofrestrydd gofrestru person fel gweithiwr cymdeithasol yn rhan gweithwyr cymdeithasol y gofrestr, neu bersonau sy'n ffurfio grŵp penodedig o bersonau fel gweithwyr cymdeithasol yn y rhan honno, — (a) os yw Gweinidogion Cymru wedi cynghori'r cofrestrydd bod argyfwng wedi codi, yn codi neu ar fin codi, ac y dylai'r cofrestrydd ystyried gweithredu o dan yr adran hon, a (b) os yw'r cofrestrydd yn ystyried bod y gofyniad ar gyfer cofrestru mewn argyfwng wedi ei fodloni mewn perthynas â'r person neu'r grŵp o bersonau. (2) At ddibenion is-adran (1)(b) mae'r gofyniad ar gyfer cofrestru mewn argyfwng yn cael ei fodloni— (a) mewn perthynas â pherson, os yw'r cofrestrydd yn ystyried bod y person yn berson addas a phriodol sydd â phrofiad cyfaddas i gael ei gofrestru fel gweithiwr cymdeithasol o ran yr argyfwng; (b) mewn perthynas â grŵp o bersonau, os yw'r cofrestrydd yn ystyried bod y grŵp yn cael ei ffurfio o bersonau sydd o fath y gellir eu hystyried yn rhesymol yn bersonau addas a phriodol sydd â phrofiad cyfaddas i gael eu cofrestru fel gweithwyr cymdeithasol o ran yr argyfwng. (3) Caiff y cofrestrydd gofrestru pob un o'r personau sy'n ffurfio grŵp penodedig o bersonau heb enwi'n gyntaf bob person yn y grŵp. (4) Caiff y cofrestrydd gynnwys anodiad yn rhan gweithwyr cymdeithasol y gofrestr sy'n dynodi bod person wedi cael ei gofrestru o dan yr adran hon. (5) Mae cofrestriad person o dan yr adran hon yn cael effaith yn ddarostyngedig i unrhyw amodau a osodir gan y cofrestrydd; a chaiff y cofrestrydd amrywio neu ddirymu unrhyw amod o'r fath neu ychwanegu unrhyw amodau newydd ar unrhyw adeg. (6) Pan fo person wedi ei gofrestru o dan yr adran hon fel aelod o grŵp penodedig, caniateir i gofrestriad y person fod (ond nid oes rhaid iddo fod) yn ddarostyngedig i'r un amodau â chofrestriad aelodau eraill o'r grŵp. (7) Mae cofrestriad person o dan yr adran hon yn peidio â chael effaith os caiff ei ddirymu gan y cofrestrydd; a— (a) rhaid i'r cofrestrydd ddirymu'r cofrestriad os yw Gweinidogion Cymru yn cynghori'r cofrestrydd nad yw'r amgylchiadau a arweiniodd Gweinidogion Cymru at roi'r cyngor y cyfeirir ato yn is-adran (1)(a) bellach yn bodoli; (b) caiff y cofrestrydd, ar unrhyw adeg, ddirymu'r cofrestriad am unrhyw reswm arall, gan gynnwys pan fo'r cofrestrydd yn amau y gall addasrwydd y person i ymarfer fod wedi ei amharu. (8) Caniateir i gofrestriad person fel aelod o grŵp penodedig gael ei ddirymu— (a) heb ddirymu cofrestriad aelodau eraill o'r grŵp, neu (b) o ganlyniad i benderfyniad i ddirymu cofrestriad pob aelod o'r grŵp. (9) Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran (7)(a), mae'r cofrestriad yn peidio â chael effaith ar ddiwedd cyfnod o 14 diwrnod sy'n dechrau â'r diwrnod y caiff ei ddirymu. (10) Os yw cofrestriad unrhyw berson yn cael ei ddirymu o dan is-adran (7)(b), mae'r cofrestriad yn peidio â chael effaith ar unwaith. (11) Ni chaiff rheolau o dan adran 74 ddarparu ar gyfer codi ffioedd o ran cofrestriad person o dan yr adran hon. (12) Nid yw darpariaethau canlynol y Ddeddf yn gymwys i bersonau a gofrestrir o dan yr adran hon— (a) adrannau 82, 83, 84, 86, 87, 89, 94 a 95 (darpariaethau sy'n ymwneud â chofrestru) o'r Ddeddf hon; (b) adrannau 113 i 115 (datblygiad proffesiynol parhaus) o'r Ddeddf hon a rheolau a wneir o dan unrhyw un o'r adrannau hynny; (c) Rhan 6 (gweithwyr gofal cymdeithasol: addasrwydd i ymarfer) o'r Ddeddf hon ac eithrio adran 160(1) a (3) i (5). (13) Os yw person yn torri amod y mae cofrestriad y person o dan yr adran hon yn ddarostyngedig iddo, mae unrhyw beth a wneir gan y person yn groes i'r amod i'w drin fel peth nad yw wedi ei wneud gan berson a gofrestrwyd yn rhan gweithwyr cymdeithasol y gofrestr. (14) Yn yr adran hon mae i “argyfwng” yr ystyr a roddir i'r math o “emergency” a ddisgrifir yn adran 19(1)(a) o Ddeddf Argyfyngau Sifil Posibl 2004, wedi ei darllen ynghyd ag is-adran (2)(a) a (b) o'r adran honno.

• (4) Section 101 (appeals against decisions of the registrar) has effect as if—

• (a) after subsection (2) of the English language text there were inserted—

(3) Subsection (1) does not apply to— (a) a decision by the registrar to refuse to register a person under section 83A, or (b) a decision by the registrar to revoke a person's registration under that section.

;

• (b) after subsection (2) of the Welsh language text there were inserted—

(3) Nid yw is-adran (1) yn gymwys i— (a) penderfyniad gan y cofrestrydd i wrthod cofrestru person o dan adran 83A, neu (b) penderfyniad gan y cofrestrydd i ddirymu cofrestriad person o dan yr adran honno.

• (5) Section 160(1) (power of Social Care Wales to require disclosure of information) has effect as if it enabled requirements to be imposed for the purpose of assisting the registrar in carrying out functions under section 83A.

SCHEDULE 6

Regulation of Care (Scotland) Act 2001

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social workers and social service workers in care services

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

PART 1 — Entitlement to emergency volunteering leave

Entitlement to emergency volunteering leave

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “volunteering period”

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions to entitlement to emergency volunteering leave

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “appropriate authority”

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Effect of taking emergency volunteering leave

Application of terms and conditions of employment

5

• (1) An employee who takes emergency volunteering leave is, during any period of leave—

• (a) entitled to the benefit of all of the terms and conditions of employment which would have applied if the employee had not been absent, and

• (b) bound by any obligations arising under those terms and conditions (except in so far as they are inconsistent with paragraph 1).

• (2) In sub-paragraph (1) “terms and conditions of employment”—

• (a) includes matters connected with an employee's employment whether or not they arise under the contract of employment, but

• (b) does not include terms and conditions about remuneration.

• (3) For the purposes of this paragraph, only sums payable to an employee by way of wages or salary are to be treated as remuneration.

Right to return

6

• (1) An employee who returns to work after a period of emergency volunteering leave is entitled to return from leave to the job in which they were employed before the absence.

• (2) The right to return under this paragraph is a right to return—

• (a) with the employee's seniority, pension and similar rights as they would have been if the employee had not been absent, and

• (b) on terms and conditions no less favourable than those which would have applied if the employee had not been absent.

Pension rights

7

• (1) If an employment-related benefit scheme does not include an emergency volunteering rule, it is to be treated as including one.

• (2) An emergency volunteering rule is a provision that has the effect set out in sub-paragraphs (3) and (4).

• (3) If a relevant term does not treat time when a worker is on emergency volunteering leave as it treats time when they are not, the term is modified so as to treat time when they are on emergency volunteering leave as time when they are not.

• (4) If a term confers a relevant discretion capable of being exercised so that time when a worker is on emergency volunteering leave is treated differently from time when they are not, the term is modified so as not to allow the discretion to be exercised in that way.

• (5) A term is relevant if it is—

• (a) a term relating to membership of the scheme,

• (b) a term relating to the accrual of rights under the scheme, or

• (c) a term providing for the determination of the amount of a benefit payable under the scheme.

• (6) A discretion is relevant if its exercise is capable of affecting—

• (a) membership of the scheme,

• (b) the accrual of rights under the scheme, or

• (c) the determination of the amount of a benefit payable under the scheme.

• (7) This paragraph does not require the worker's contributions to the scheme in respect of time when they are on emergency volunteering leave to be determined otherwise than by reference to the amount they are paid by the employer in respect of that time.

• (8) “Employment-related benefit scheme”—

• (a) in relation to England and Wales and Scotland, has the meaning given by paragraph 7 of Schedule 5 to the Social Security Act 1989;

• (b) in relation to Northern Ireland, has the meaning given by paragraph 7 of Schedule 5 to the Social Security (Northern Ireland) Order 1989 (S.I. 1989/1342 (N.I. 13)).

PART 3 — Modifications of Employment Rights Act 1996

8

The Employment Rights Act 1996 (“the 1996 Act”) has effect in accordance with this Part of this Schedule.

9

The 1996 Act has effect as if after section 47G there were inserted—

(47H) (1) A worker has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by their employer on the grounds that— (a) the worker took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or (b) the employer believed that the worker was likely to take emergency volunteering leave under that Schedule. (2) A worker makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020. (3) Subsection (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal within the meaning of Part 10.

10

The 1996 Act has effect as if in section 48 (complaints to employment tribunals)—

• (a) after subsection (1B) there were inserted—

(1C) A worker may present a complaint to an employment tribunal that they have been subjected to a detriment in contravention of section 47H.

;

• (b) in subsection (2), for “or (1B)” there were substituted “ , (1B) or (1C) ”.

11

The 1996 Act has effect as if in section 49 (remedies)—

• (a) in subsection (1), for “or (1B)” there were substituted “ , (1B) or (1C) ”;

• (b) after subsection (7) there were inserted—

(8) Where— (a) the complaint is made under section 48(1C), (b) the detriment to which the worker is subjected is the termination of their worker's contract, and (c) that contract is not a contract of employment, any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 10 if the worker had been an employee and had been dismissed for the reason specified in section 104H.

12

The 1996 Act has effect as if in section 88 (pay during period of notice: employments with normal working hours), in subsection (1)(c), after “paternity leave” there were inserted “ or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020 ”.

13

The 1996 Act has effect as if in section 89 (pay during period of notice: employments without normal working hours), in subsection (3)(b), after “paternity leave” there were inserted “ or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020 ”.

14

The 1996 Act has effect as if after section 104G there were inserted—

(104H) (1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that— (a) the employee took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or (b) the employer believed that the employee was likely to take emergency volunteering leave under that Schedule. (2) An employee makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.

15

The 1996 Act has effect as if in section 105 (redundancy), after subsection (7BB) there were inserted—

(7BC) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104H.

16

The 1996 Act has effect as if in section 108(3) (exceptions to qualifying period of employment for unfair dismissal), after paragraph (gm) there were inserted—

(gn) section 104H applies,

.

17

The 1996 Act has effect as if in section 124(1A) (exceptions to limits on compensation), after “103A,” there were inserted “ 104H, ”.

18

The 1996 Act has effect as if in section 203(1)(a) (restrictions on contracting out), after “this Act” there were inserted “ or Schedule 7 to the Coronavirus Act 2020 ”.

PART 4 — Modifications of Employment Rights (Northern Ireland) Order 1996

19

The Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) (“the 1996 Order”) has effect in accordance with this Part of this Schedule.

20

The 1996 Order has effect as if after Article 70F there were inserted—

(70G) (1) A worker has the right not to be subjected to a detriment by any act, or any deliberate failure to act, by their employer on the grounds that— (a) the worker took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or (b) the employer believed that the worker was likely to take emergency volunteering leave under that Schedule. (2) A worker makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020. (3) Paragraph (1) does not apply where the worker is an employee and the detriment in question amounts to dismissal within the meaning of Part 11.

21

The 1996 Order has effect as if in Article 71 (complaints to industrial tribunals)—

• (a) after paragraph (1B) there were inserted—

(1C) A worker may present a complaint to an industrial tribunal that they have been subjected to a detriment in contravention of Article 70G.

;

• (b) in paragraph (2), for “or (1B)” there were substituted “ , (1B) or (1C) ”.

22

The 1996 Order has effect as if in Article 72 (remedies)—

• (a) in paragraph (1), for “or (1B)” there were substituted “ , (1B) or (1C) ”;

• (b) after paragraph (7) there were inserted—

(8) Where— (a) the complaint is made under Article 71(1C), (b) the detriment to which the worker is subjected is the termination of their worker's contract, and (c) that contract is not a contract of employment, any compensation must not exceed the compensation that would be payable under Chapter 2 of Part 11 if the worker had been an employee and had been dismissed for the reason specified in Article 135G.

23

The 1996 Order has effect as if in Article 120 (pay during period of notice: employments with normal working hours), in paragraph (1)(c), after “paternity leave” there were inserted “ or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020 ”.

24

The 1996 Order has effect as if in Article 121 (pay during period of notice: employments without normal working hours), in paragraph (3)(b), after “paternity leave” there were inserted “ or emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020 ”.

25

The 1996 Order has effect as if after Article 135F there were inserted—

(135G) (1) An employee who is dismissed is to be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if more than one, the principal reason) for the dismissal is that— (a) the employee took, sought to take, or made use of the benefits of, emergency volunteering leave under Schedule 7 to the Coronavirus Act 2020, or (b) the employer believed that the employee was likely to take emergency volunteering leave under that Schedule. (2) An employee makes use of the benefits of emergency volunteering leave if, during a period of emergency volunteering leave, the worker benefits from any provision of Part 2 of Schedule 7 to the Coronavirus Act 2020.

26

The 1996 Order has effect as if in Article 137 (redundancy)—

• (a) in paragraph (1)(c), for “(7M)” there were substituted “ (7N) ”;

• (b) after paragraph (7M) there were inserted—

(7N) This paragraph applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in Article 135G.

27

The 1996 Order has effect as if in Article 140(3) (exceptions to qualifying period of employment for unfair dismissal), after sub-paragraph (fk) there were inserted—

(fl) Article 135G applies,

.

28

The 1996 Order has effect as if in Article 158(1A) (exceptions to limits on compensation), after “135F,” there were inserted “ 135G, ”.

29

The 1996 Order has effect as if in Article 245(1)(a) (restrictions on contracting out), after “this Order” there were inserted “ or Schedule 7 to the Coronavirus Act 2020 ”.

PART 5 — General

Application of this Schedule to agency workers

30

• (1) This paragraph applies in relation to a worker who is supplied by a person (an “agent”) to do work for another (a “principal”) under a contract or other arrangements made between the agent and the principal.

• (2) Where the worker gives notice and a certificate under paragraph 1(2) to the employer, the employer must as soon as reasonably practicable provide copies of them—

• (a) if the employer is the agent, to any principals to whom the worker was to be supplied during the period specified in the certificate,

• (b) if the employer is a principal, to the agent, and

• (c) if the employer is neither the agent nor a principal, to the agent and any principals to whom the worker was to be supplied during the period specified in the certificate.

• (3) For the purposes of the provisions mentioned in sub-paragraph (4) references to the worker's employer are to be read as including—

• (a) the agent, and

• (b) any principals to whom the worker was to be supplied during the period specified in the certificate,

(where they would not otherwise be the worker's employer).

• (4) The provisions referred to in sub-paragraph (3) are—

• (a) in paragraph 9, section 47H (right not to be subjected to detriment by employer: Great Britain);

• (b) in paragraph 20, Article 70G (right not to be subjected to detriment by employer: Northern Ireland).

Interpretation

31

• (1) This paragraph applies for the interpretation of this Schedule.

• (2) In relation to England and Wales and Scotland, the following terms have the meaning given by section 230 of the Employment Rights Act 1996—

• “contract of employment”,

• “employed”,

• “employee”,

• “employer”,

• “employment”,

• “worker”,

• “worker's contract”.

• (3) In relation to Northern Ireland, the following terms have the meaning given by Article 3 of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16))—

• “contract of employment”,

• “employed”,

• “employee”,

• “employer”,

• “employment”,

• “worker”,

• “worker's contract”.

• (4) “Emergency volunteering leave” has the meaning given by paragraph 1.

• (5) “Health or social care” has the meaning given by section 9 of the Health and Social Care Act 2008.

• (6) “Week” means any period of 7 consecutive days.

• (7) “Working day” means a day other than—

• (a) a Saturday or a Sunday,

• (b) Christmas Day or Good Friday, or

• (c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Regulations

32

A power to make regulations under this Schedule includes power to make consequential, supplementary, incidental, transitional or saving provision.

33

• (1) Regulations made by the Secretary of State under this Schedule are to be made by statutory instrument.

• (2) A statutory instrument containing regulations made by the Secretary of State under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.

34

• (1) Regulations made by the Department for the Economy in Northern Ireland under this Schedule may contain only provision which—

• (a) would be within the legislative competence of the Northern Ireland Assembly, and

• (b) would not require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

• (2) The power of the Department for the Economy in Northern Ireland to make regulations under this Schedule is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)) (and not by statutory instrument).

• (3) Regulations under this Schedule made by the Department for the Economy in Northern Ireland are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.

SCHEDULE 8

PART 1 — Introductory provision etc

Interpretation

1

• (1) References in this Schedule to sections are to sections of the Mental Health Act 1983 (“the 1983 Act”).

• (2) Expressions used in this Schedule and in the 1983 Act have the same meaning as in that Act.

Forms

2

Where any form prescribed for use in connection with a provision of the 1983 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—

• (a) may, in connection with the provision as so modified, be used with appropriate amendments;

• (b) is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.

PART 2 — Modifications of the Mental Health Act 1983 and related provision

Applications for compulsory admission to hospital for assessment or treatment

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for compulsory admission of patients already in hospital

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period of remand to hospital

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court orders for the detention of accused or convicted persons in hospital

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions for the transfer of prisoners to hospital

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conveyance of accused or convicted persons to hospital

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administration of medicine to persons liable to detention in hospital

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Detention in place of safety

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution and proceedings of the Mental Health Review Tribunal for Wales

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Transitional provision

14

Paragraph 4(2) or (3), 8(3) or 10 continues to apply after the end of a period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.

15

Where, by virtue of paragraph 5, a person has been remanded under section 35(7) or 36(6) for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.

16

• (1) Paragraph 8(1) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2).

• (2) The constable or other person whose duty is modified by that provision must in any event convey the person concerned to the requisite hospital within the period of seven days beginning with the day on which the period referred to in sub-paragraph (1) ends.

17

Paragraph 11(3) to (6) continues to apply after the end of a period for which it has effect in relation to proceedings that are, when the period ends, before a constitution of the Mental Health Review Tribunal for Wales appointed under sub-paragraph (2) of that paragraph.

18

Paragraph 12 continues to apply after the end of a period for which it has effect in relation to any application or reference with respect to which, when the period ends, a decision to dispense with a hearing has been notified by the Mental Health Review Tribunal for Wales under sub-paragraph (3) of that paragraph and remains current

19

Paragraph 13 continues to apply after the end of a period for which it has effect in relation to any nomination of a temporary deputy that is in force when the period ends.

SCHEDULE 9

PART 1 — Introductory provision etc

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Forms

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Modifications of the Mental Health (Care and Treatment) (Scotland) Act 2003

Emergency detention

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Short-term detention certificates

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compulsory treatment orders

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer for treatment directions

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nurse’s power to detain pending medical examination

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admission to hospital

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of requirements to review orders and directions authorising detention

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administration of medicine

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution of Mental Health Tribunal for Scotland

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Modifications of the Criminal Procedure (Scotland) Act 1995

Assessment orders: extension

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Court orders authorising detention

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admission to hospital

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 — Modifications of subordinate legislation

The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (SSI 2005/519)

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Mental Health (Conflict of Interest) (Scotland) Regulations 2017 (SSI 2017/174)

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

PART 1 — Introductory provision etc

Interpretation

1

• (1) In this Schedule—

• “the 1986 Order” means the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

• “the 1986 Regulations” means the Mental Health (Nurses, Guardianship, Consent to Treatment and Prescribed Forms) Regulations (Northern Ireland) 1986 (S.R. (N.I.) 1986 No. 174);

• “the Department of Health” means the Department of Health in Northern Ireland;

• an “RQIA practitioner” means a medical practitioner appointed for the purposes of Part 2 of the 1986 Order by RQIA.

• (2) In this Schedule—

• (a) references to Articles are to Articles of the 1986 Order;

• (b) references to Forms are to the Forms set out in the Schedule to the 1986 Regulations.

• (3) Expressions used in this Schedule and in the 1986 Order have the meaning given in that Order.

Prescribed forms

2

Where any form prescribed for use in connection with a provision of the 1986 Order is inconsistent with a modification made by Part 2 of this Schedule, the form—

• (a) may, in connection with the provision as so modified, be used with appropriate amendments;

• (b) is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.

PART 2 — Modifications of the Mental Health (Northern Ireland) Order 1986

Applications for compulsory admission to hospital for assessment

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medical recommendation

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for compulsory admission for assessment in respect of patients already in hospital

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The assessment period

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rectification of applications, recommendations and reports

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Detention for treatment

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Periods of remand to hospital

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Required medical evidence for remand to hospital, hospital or guardianship order, interim hospital order, determinations of question of fitness to be tried or finding of not guilty on ground of insanity

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Required medical evidence for hospital order in respect of certain other detained persons in their absence

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Directions for the transfer of prisoners etc to hospital

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Conveyance of accused or convicted persons to hospital

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Designation of, and admission of persons to, different hospitals in pursuance of hospital orders

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code of practice

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Transitional provision

16

Paragraph 5, 6, 7 or 13(3) continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.

17

Where, by virtue of paragraph 9, a person has been remanded under Article 42 or 43 for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.

18

• (1) Paragraph 13(1) or 14(4) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2).

• (2) The constable or other person whose duty is modified by paragraph 13(1) or 14(4) (as the case may be) must in any event convey the person concerned to the requisite hospital before—

• (a) the end of the period specified in Article 42(9)(c) or Article 46(2) or (3), without the modification made by the provision concerned, or

• (b) the end of the period of seven days beginning with the day on which the period referred to in sub-paragraph (1) ends,

whichever is later.

PART 4 — Review of operation of certain provisions of this Schedule

19

• (1) Each HSC trust must maintain a record of each instance where—

• (a) an application for assessment is made in reliance on paragraph 3,

• (b) a patient was detained for assessment in reliance on Article 9(4)(aa) or (b) (as substituted by paragraph 6(2)(a)), and

• (c) a report is furnished in reliance on paragraph 8.

• (2) The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance—

• (a) by the relevant social worker on paragraph 3,

• (b) by the medical practitioner on Article 9(4)(aa) or (b) (as substituted by paragraph 6(2)(a)), or

• (c) by the relevant medical practitioner on paragraph 8,

was appropriate.

• (3) The HSC trust must send the report under sub-paragraph (2) to the Department of Health no later than 56 days after the end of a period for which the paragraph of this Schedule in question has effect.

SCHEDULE 11

PART 1 — Introductory provision etc

Interpretation

1

• (1) In this Schedule, “the 2016 Act” means the Mental Capacity Act (Northern Ireland) 2016 (c. 18 (N.I.)).

• (2) In this Schedule—

• (a) references to sections are to sections of the 2016 Act;

• (b) references to Schedules are to Schedules to that Act.

• (3) Expressions used in this Schedule and in the 2016 Act have the meaning given in that Act.

Prescribed forms

2

Where any form prescribed for use in connection with a provision of the 2016 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—

• (a) may, in connection with the provision as so modified, be used with appropriate amendments,

• (b) is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.

PART 2 — Modifications of the Mental Capacity Act (Northern Ireland) 2016

Proceedings of panels constituted to decide applications

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time limit for panel’s decisions regarding authorisations of certain serious interventions

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interim authorisations by panels of certain serious interventions

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Report authorising short-term detention in hospital for examination etc

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation required before such a report is made

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension by panel of period of authorisation

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Additional notification requirements for panels

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period of detention in place of safety

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Periods of remand to hospital

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Required medical evidence for court to be satisfied treatment condition is met in relation to remand to hospital

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Required medical evidence for public protection orders, interim detention orders, determinations of question of fitness to be tried or findings of not guilty on ground of insanity

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Required medical evidence for hospital directions

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension reports in relation to public protection orders without restrictions

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Required medical evidence for directions for the transfer of prisoners etc to hospital

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admission of person subject to hospital transfer direction to hospital

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code of practice

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Transitional provision

20

Paragraph 5, 9, 11 or 18 continues to apply after the end of any period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.

21

Where, by virtue of paragraph 12 an accused person has been remanded under section 162 for more than 12 weeks in total, the person may not be further remanded under that provision after the end of any period for which that paragraph has effect.

PART 4 — Review of operation of certain provisions of this Schedule

22

• (1) Each HSC trust must maintain a record of each instance where a panel operates in reliance on paragraph 5 or 9.

• (2) The HSC trust must prepare a report containing an evaluation by it of each such instance and its opinion as to whether the reliance on paragraph 5 or 9 was appropriate.

• (3) The HSC trust must send the report under sub-paragraph (2) to the Department of Health in Northern Ireland no later than 3 months after the end of a period for which the paragraph of this Schedule in question has effect.

SCHEDULE 12

PART 1 — Powers and duties of local authorities in England

Introductory

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessing needs for care and support

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessment of financial resources

3

• (1) ...

This is subject to sub-paragraph (2).

• (2) A local authority may not make a charge under section 14 of CA 2014 for meeting any needs under section 18, 19, 20 or 62 of that Act during a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect without having carried out an assessment under section 17 of that Act.

• (3) The requirement under sub-paragraph (2) to carry out an assessment under section 17 of CA 2014 applies whether or not the authority has made a determination under section 13(1) of that Act.

Duties and powers to meet needs for care and support

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charging for meeting needs during emergency period

10

• (1) This paragraph applies where—

• (a) at any time during an emergency period, a local authority begins to meet needs under section 18, 19, 20 or 62 of CA 2014,

• (b) at that time, the authority would have been entitled to make a charge under section 14 of that Act for meeting any of those needs, but

• (c) the authority decided not to carry out an assessment under section 17 of that Act before beginning to meet those needs.

In this paragraph “emergency period”, in relation to section 18, 19, 20 or 62 of CA 2014, means a period for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has effect.

• (2) The local authority is not prevented by that decision from subsequently carrying out an assessment under section 17 of CA 2014 (whether during or after the emergency period) and deciding to make a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs.

• (3) In so far as there is any charge for meeting any needs under section 18 or 19(2) of CA 2014 during the emergency period, the fact that condition 1, 2 or 3 in section 18 of that Act is not met at the time of the making of the charge does not affect anything already done under section 18 or (as the case may be) 19(2) of that Act.

• (4) In so far as there is any charge for meeting any needs under section 20(1) of CA 2014 during the emergency period, the fact that condition 1, 2, 3 or 4 in that section is not met at the time of the making of the charge does not affect anything already done under that section.

Care and support plans etc

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Continuity of care and support when person moves

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

• (1) This paragraph applies where—

• (a) paragraph 12 has had effect for any period (“the emergency period”), and

• (b) the emergency period has ended.

• (2) Section 37 of CA 2014 has effect subject to the modifications in sub-paragraphs (3) to (5).

• (3) In subsections (1) and (2)—

• (a) any reference to notifying a local authority that an adult intends to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved to that area, and

• (b) where a local authority is notified that an adult has moved to the authority's area by virtue of paragraph (a), the condition in subsection (1)(c) or (as the case may be) (2)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).

• (4) In subsection (3)—

• (a) the reference to notifying a local authority that an adult intends to move out of accommodation but to remain in the authority's area includes, in the case of an adult who moved out of accommodation in the area of a local authority during the emergency period, a reference to notifying that authority that the adult has moved out of the accommodation but has remained in that area, and

• (b) where a local authority is notified that an adult has moved out of accommodation by virtue of paragraph (a), the condition in subsection (3)(c) is to be disregarded (and accordingly the requirement imposed by subsection (4)(b) does not apply).

• (5) In a case where subsection (4)(b) does not apply by virtue of sub-paragraph (3)(b) or (4)(b), subsection (5) has effect as if the reference to having received the notification under subsection (4)(b) were omitted.

• (6) The reference in section 38(1) of CA 2014 to the day of the intended move is, in the case of an adult who moved as mentioned in section 37(1)(b), (2)(b) or (3)(b) of that Act during the emergency period, to be read as a reference to the day on which that period ended.

Discharge of hospital patients with care and support needs

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transition for children to adult care and support

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties arising before commencement

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period within which assessments may be carried out

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

18

• (1) The Secretary of State may issue guidance about how local authorities are to exercise functions under any of the following enactments in consequence of the provision made by this Part of this Schedule—

• (a) Part 1 of CA 2014;

• (b) section 2 of the Chronically Sick and Disabled Persons Act 1970;

• (c) section 17 of the Children Act 1989.

• (2) A local authority must have regard to any guidance issued under this paragraph.

• (3) A local authority must comply with such guidance issued under this paragraph as the Secretary of State directs.

• (4) The Secretary of State—

• (a) may from time to time revise any guidance issued under this paragraph;

• (b) may vary or revoke a direction made under sub-paragraph (3).

• (5) A local authority may disregard any guidance under section 7 of the Local Authority Social Services Act 1970 or section 78 of CA 2014, so far as it is inconsistent with guidance issued under this paragraph.

PART 2 — Powers and duties of local authorities in Wales

Introductory

19

• (1) In this Part of this Schedule “SSW(W)A 2014” means the Social Services and Well-being (Wales) Act 2014 (anaw 4).

• (2) Expressions used in this Part of this Schedule and in SSW(W)A 2014 have the same meaning in this Part of this Schedule as in that Act.

Assessing needs for care and support

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to carry out financial assessment

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties to meet needs for care and support

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charging for meeting needs during emergency period

30

• (1) This paragraph applies where—

• (a) at any time during an emergency period, a local authority begins to meet needs under section 35 or 40 of SSW(W)A 2014,

• (b) at that time, the authority would have been entitled to impose a charge under section 59 of that Act for meeting any of those needs, but

• (c) the authority decided not to carry out an assessment under section 63(2) of that Act before beginning to meet those needs.

In this paragraph “emergency period” means a period for which paragraph 26 or (as the case may be) 27 has effect.

• (2) The local authority is not prevented by that decision from subsequently carrying out an assessment under section 63(2) of SSW(W)A 2014 (whether during or after the emergency period) and deciding to impose a charge for meeting those needs during that period; and nothing in that section is to be taken to prevent the authority from carrying out such an assessment, even though the authority has already begun to meet, or has met, those needs.

• (3) In so far as there is any charge for meeting any needs under section 35 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.

• (4) In so far as there is any charge for meeting any needs under section 40 of SSW(W)A 2014 during the emergency period, the fact that condition 3 in that section is not met at the time of the imposition of the charge does not affect anything already done under that section.

Care and support plans etc

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Portability of care and support

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

• (1) This paragraph applies where—

• (a) paragraph 32 has had effect for any period (“the emergency period”), and

• (b) the emergency period has ended.

• (2) Section 56 of SSW(W)A 2014 has effect in the case of an adult with the modifications in sub-paragraphs (3) to (5).

• (3) In subsection (1)—

• (a) the reference to a local authority being notified that a person is going to move to the area of another local authority includes, in the case of an adult who moved to the area of another local authority during the emergency period, a reference to being notified that the adult has moved to that area, and

• (b) where a local authority is notified that an adult has moved to the area of another local authority by virtue of paragraph (a), the reference to the authority being satisfied that the move is likely to happen is to be disregarded (and accordingly the requirement imposed by subsection (1)(a) does not apply).

• (4) In subsection (2)—

• (a) the reference to a local authority being notified that a person is going to move to the area of that authority includes, in the case of an adult who moved to the area of a local authority during the emergency period, a reference to that authority being notified that the adult has moved to that area, and

• (b) where a local authority is notified that an adult has moved to the authority's area by virtue of paragraph (a), the reference to the authority being satisfied that the move is likely to happen is to be disregarded (and accordingly the requirement imposed by subsection (2)(a) does not apply).

• (5) The reference in subsection (3) to the day the person moves to the area of a local authority is, in the case of an adult who moved to the area of a local authority during the emergency period, to be read as a reference to the day on which that period ended.

Duties arising before commencement

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

35

• (1) The Welsh Ministers may issue guidance about how local authorities are to exercise functions under Parts 2 to 5 of SSW(W)A 2014 in consequence of the provision made by this Part of this Schedule.

• (2) A local authority must have regard to any guidance issued under this paragraph.

• (3) A local authority must comply with such guidance issued under this paragraph as the Welsh Ministers direct.

• (4) The Welsh Ministers—

• (a) may from time to time revise any guidance issued under this paragraph;

• (b) may vary or revoke a direction made under sub-paragraph (3).

• (5) A local authority may disregard any provision of a code under section 145 of SSW(W)A 2014, so far as it is inconsistent with guidance issued under this paragraph.

SCHEDULE 13

PART 1 — England and Wales

Interpretation

1

• (1) In this Part of this Schedule—

• “the 1926 Act” means the Births and Deaths Registration Act 1926;

• “the 1953 Act” means the Births and Deaths Registration Act 1953;

• “the principal 1987 Regulations” means the Registration of Births and Deaths Regulations 1987 (S.I. 1987/2088);

• “the 2019 Regulations” means the Notification of Deaths Regulations 2019 (S.I. 2019/1112).

• (2) Expressions used in this Part of this Schedule and in the 1953 Act have the same meaning as in that Act.

Information concerning deaths: England and Wales

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Giving information other than in person and dispensing with signing the register

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medical certificates of cause of death

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delivery of documents by alternative methods

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further modifications of the principal 1987 Regulations

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of death to coroner

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision

8

Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.

9

• (1) This paragraph applies where, during any period for which paragraph 5 has effect, a person delivers a relevant document in reliance on that paragraph.

• (2) The person must give, deliver or send the document in accordance with the applicable legislation as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.

• (3) The Registrar General may give a direction—

• (a) setting a later deadline than the one specified in sub-paragraph (2), or

• (b) dispensing with the duty under sub-paragraph (2).

• (4) A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.

• (5) A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.

• (6) A registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—

• (a) setting a later deadline than the one specified in sub-paragraph (2), or

• (b) dispensing with the duty under sub-paragraph (2).

• (7) In this paragraph—

• “applicable legislation” means—in the case of a document within paragraph 5(2)(a), the 1953 Act, andin the case of a document within paragraph 5(2)(b), the 1926 Act;

• “relevant document” has the same meaning as in paragraph 5.

PART 2 — Scotland

Interpretation

10

• (1) In this Part of this Schedule “the 1965 Act” means the Registration of Births, Deaths and Marriages (Scotland) Act 1965.

• (2) Expressions used in this Part of this Schedule and in the 1965 Act have the same meaning as in that Act.

Information concerning deaths

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Giving information other than in person

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delivery of documents by alternative methods

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provision

15

Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which a provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.

16

• (1) This paragraph applies where, during any period for which paragraph 13 has effect, a person gives or delivers a relevant document in reliance on that paragraph.

• (2) The person must give, deliver or send the document in accordance with the 1965 Act as soon as reasonably practicable after the end of the period, and in any event not later than the end of the period of 3 months beginning with the day on which the period ends.

• (3) The Registrar General may give a direction—

• (a) setting a later deadline than the one specified in sub-paragraph (2), or

• (b) dispensing with the duty under sub-paragraph (2).

• (4) A direction under sub-paragraph (3) may be expressed as having effect generally, in relation to persons within a description specified in the direction, or in relation to a particular case.

• (5) A direction under sub-paragraph (3) may vary or revoke previous directions given under that sub-paragraph.

• (6) A district registrar may, in relation to a relevant document that is required to be given, delivered or sent to the registrar, give a direction in a particular case—

• (a) setting a later deadline than the one specified in sub-paragraph (2), or

• (b) dispensing with the duty under sub-paragraph (2).

• (7) In this paragraph “relevant document” has the same meaning as in paragraph 13.

PART 3 — Northern Ireland

Interpretation

17

• (1) In this Part of this Schedule—

• “the 1976 Order” means the Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14));

• “the 2012 Regulations” means the Civil Registration Regulations (Northern Ireland) 2012 (S.R. (N.I.) 2012 No. 408).

• (2) In this Part of this Schedule—

• (a) references to Articles are to Articles of the 1976 Order;

• (b) references to Forms are to Forms in Schedule 1 to the 2012 Regulations.

• (3) Expressions used in this Schedule and in the 1976 Order have the meaning given in that Order.

Giving certificate of cause of still-birth directly

18

• (1) This paragraph applies if—

• (a) a registered medical practitioner or registered midwife is required under Article 15(5) to give an informant a certificate for the purposes of Article 15(3), and

• (b) the certificate is signed during any period for which this paragraph has effect.

• (2) The medical practitioner or, as the case may be, the registered midwife—

• (a) must forthwith send a copy of the certificate to the registrar by electronic means;

• (b) is not required to give the certificate to the informant (but may do so).

• (3) The informant is not subject to any duty under Article 15(3) in relation to the certificate.

19

In accordance with paragraph 18, Form 10 has effect as if, in the opening lines, for “accompanied by” there were substituted “ and a copy of ”.

Giving certificate of notice of still-birth directly

20

Article 15 (7) (registrar receiving written notice of still-births) has effect as if—

• (a) for “accompanied by such a certificate” there were substituted “ and a copy of such a certificate ”;

• (b) for “person sending the notice” there were substituted “ person who has control over, or who ordinarily effects the disposal of bodies at, any burial ground or other place at which it is intended to dispose of the body of a still-born child, ”.

Giving information to the registrar other than in person and dispensing with signing the register

21

• (1) A qualified informant who is required under the 1976 Order to give information concerning a death or still-birth to a registrar, but who is unable to attend before a registrar in person, may give that information—

• (a) by telephone, or

• (b) by electronic means.

• (2) The duty of a qualified informant to sign the register does not apply where information is given in reliance on sub-paragraph (1).

• (3) Where information is given in reliance on sub-paragraph (1), that information is to be regarded for the purposes of the 1976 Order as having been given in the manner that is required by the 2012 Regulations.

• (4) An entry in the register of deaths or the register of still-births for which, by virtue of sub-paragraph (2), no signature is required is to be treated as an entry signed by a qualified informant for the purposes of the 2012 Regulations.

• (5) A qualified informant is to be treated as unable to attend before a registrar in person for the purposes of sub-paragraph (1) if it would be unreasonable or impracticable for the person to do so (whether because of illness, the need to care for others, the risk of infection, staff shortages at the registrar's office or any other reason).

22

In accordance with paragraph 21—

• (a) Form 2 has effect as if at entry number 15 for “Signature” there were substituted “ Name of person professing to be informant ”;

• (b) Form 3 has effect as if at entry number 16 for “Signature of informant” there were substituted “ Name of person professing to be informant ”.

Signing of certificates of cause of death

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Giving certificate of cause of death directly

27

• (1) This paragraph applies if—

• (a) a registered medical practitioner signs a certificate of cause of death under Article 25(2) (whether or not the certificate is signed in reliance on paragraph 23 or 24), and

• (b) the certificate is signed during any period for which this paragraph has effect.

• (2) The medical practitioner—

• (a) must forthwith send a copy of the certificate, together with such other particulars as are prescribed under Article 25(2), to the registrar by electronic means,

• (b) is not required to give the certificate to the informant (but may do so).

• (3) The informant is not subject to any duties in relation to the certificate.

28

In accordance with paragraph 27—

• (a) Article 22 has effect as if the words “, accompanied by such medical certificate of the cause of the death as is required by Article 25 to be given to the registrar,” were omitted;

• (b) Article 25(3) has effect as if after “paragraph (2)” there were inserted “ or give the registrar a copy of such a certificate ”;

• (c) Article 25(4) has effect as if for the words from “An informant” to “and” there were substituted “ Where a registered medical practitioner gives to the registrar a copy of the certificate which the practitioner has signed under Article 25(2) together with such other particulars as are required under Article 25(2) to be given by the practitioner, ”.

Giving certificate of registration, or written notice, of death directly

29

Article 29 (certificate of registration of death) has effect with the following modifications—

• (a) paragraph (1) has effect as if—

• (i) after “person giving information concerning the death” there were inserted “ or the person who effects the disposal of, or performs any funeral service for, the body of the deceased person ”;

• (ii) after “a certificate in the prescribed form”, the words “under his hand” were omitted;

• (b) paragraph (2) has effect as if—

• (i) for “the person sending the notice, if required to do so,” there were substituted “ the person who effects the disposal of, or performs any funeral service for, the body of the deceased person ”;

• (ii) after “a certificate in the prescribed form”, the words “under his hand” were omitted.

Transitional provision

30

Anything relating to the registration of a death or still-birth that, immediately before the end of any period for which any provision of this Part of this Schedule has effect, is in the process of being done in reliance on that provision may continue to be done after the end of that period in reliance on that provision.

SCHEDULE 14

PART 1 — Review of medical certificates of cause of death

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to suspend review of certain medical certificates of cause of death

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of direction on existing reviews referred under section 24A of the 1965 Act

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of direction on existing reviews made by application under section 4(1) of the 2011 Act

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Automatic referral of medical certificates of the cause of death to procurator fiscal

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Cremations

Interpretation

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of offence relating to signing of declaration

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of provisions relating to collection of ashes

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Retention of ashes during period provisions are suspended

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Resumption of duties in relation to retained ashes after revocation

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of local authority duty to make enquiries as to surviving relatives

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 15

Notice of intent

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amount of penalty

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to make representations

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Final notice

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Late payment

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Withdrawal or amendment of notice

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 16

PART 1 — England and Wales

Schools, 16 to 19 Academies, further and higher education providers

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registered childcare providers

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of temporary closure directions on other provisions

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisations

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication, duration and guidance

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Scotland

Interpretation

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to have regard to public health advice

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure of schools etc and further and higher education institutions

8

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Effect of educational closure direction on other provisions

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School boarding accommodation

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Student accommodation

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compliance and enforcement

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Publication and duration of directions

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .