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Community Care and Health (Scotland) Act 2002

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Community Care and Health (Scotland) Act 2002. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary and Background

  3. Terminology

    1. Part 1 – Community Care

      1. Charging and not charging for social care

        1. Section 1 - Regulations as respects charging and not charging for social care

      2. Accommodation

        1. Section 2 - Accommodation provided under 1968 Act etc.

        2. Section 3 - Disregarding of resources when determining whether to make available assistance by providing residential accommodation

        3. Section 4 - Accommodation more expensive than usually provided

        4. Section 5 - Local authority arrangements for residential accommodation outwith Scotland

        5. Section 6 - Deferred payment of accommodation costs

      3. Direct payments

        1. Section 7 - Direct payments

      4. Carers

        1. Section 8 – Amendment of 1968 Act: matters to be taken account of in assessment of needs

        2. Section 9 - Amendment of 1968 Act: assessment of ability to provide care etc.

        3. Section 10 – Amendment of the 1995 Act: matters to be taken into account in assessment of needs of child affected by disability

        4. Section 11 - Amendment of  1995 Act: assessment of ability to provide care for disabled child etc.

        5. Section 12 – Carer information strategies

    2. Part 2 – Joint Working, Etc.

      1. Section 13 - Payments by NHS bodies towards certain local authority expenditure

      2. Section 14 - Payments by local authorities towards expenditure by NHS bodies on prescribed functions

      3. Section 15 - Delegation etc. between local authorities and NHS bodies

      4. Section 16 - Transfer of staff

      5. Section 17 - Scottish Ministers’ power to require delegation etc. between local authorities and NHS bodies

    3. Part 3 – Health

      1. Health Boards’ lists

        1. Section 18 - Services lists and supplementary lists

        2. Section 19 - Representations against preferential treatment

      2. Miscellaneous

        1. Section 20 - Amendment of Road Traffic Act 1988 and Road Traffic (NHS Charges) Act 1999: payment for treatment of traffic casualties

        2. Section 21 - Amendment of 1978 Act: schemes for meeting losses and liabilities etc. of certain health bodies

    4. Part 4 – General

      1. Section 22 – Interpretation

      2. Section 25 - Minor and consequential amendments and repeals

      3. Section 26 - Guidance and directions

      4. Section 27 - Short title and commencement

    5. Schedule 1 - Social care not ordinarily charged for

    6. Schedule 2 – Minor and consequential amendments and repeals

      1. Paragraph 1 – Social Work (Scotland) Act 1968 (c.49)

      2. Paragraph 2 – National Health Service (Scotland) Act 1978 (c.29)

      3. Paragraph 3 – National Health Service (Primary Care) Act 1997 (c.46)

      4. Paragraph 4 –Health Act 1999 (c.8)

  4. Parliamentary History of Community Care & Health (Scotland) Act 2002

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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