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.