Part 2Disabled people: right to control provision of services

Power to make regulations

44Pilot schemes

1

Regulations to which this subsection applies may be made so as to have effect for a specified period not exceeding 36 months.

2

Subsection (1) applies to regulations under section 41 that are made with a view to ascertaining—

a

the extent to which their provisions contribute to achieving the purpose of this Part,

b

the extent of any beneficial effects on the lives of the disabled people affected, and

c

the extent of any financial burden imposed on the relevant authorities to which the regulations relate.

3

Regulations which, by virtue of subsection (1), are to have effect for a limited period are referred to in this section as a “pilot scheme”.

4

Subsections (6)(a) and (7)(a) of section 39 do not restrict the power to make a pilot scheme; and accordingly a pilot scheme may relate to community care services.

5

A pilot scheme may provide that its provisions are to apply only in relation to—

a

one or more specified areas;

b

one or more specified classes of person;

c

persons selected—

i

by reference to prescribed criteria, or

ii

on a sampling basis.

6

A pilot scheme may make consequential or transitional provision with respect to the cessation of the scheme on the expiry of the specified period.

7

A pilot scheme may be replaced by a further pilot scheme making the same or similar provision.

8

The appropriate authority which made a pilot scheme must prepare and publish a report on the operation of the scheme.