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In section 23 of the 1995 Act (assessment by local authority of needs of child affected by disability), after subsection (3) there is inserted—
“(4)In determining the needs of a child under subsection (3) above, the local authority shall take account—
(a)where it appears to them that a person (“the carer”) provides a substantial amount of care on a regular basis for the child, or for another person in the child’s family who is being assessed under that subsection, of such care as is being so provided; and
(b)in so far as it is reasonable and practicable to do so, of—
(i)the views of the parent or guardian of the child, and the child; and
(ii)the views of the carer,
provided that the parent, guardian, child or carer in question has a wish, or as the case may be, a capacity, to express a view.”.
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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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