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This is the original version (as it was originally enacted).
(1)In this Act—
“the 1948 Act” means the National Assistance Act 1948 (c. 29);
“the 1968 Act” means the Social Work (Scotland) Act 1968 (c. 49);
“the 1978 Act” means the National Health Service (Scotland) Act 1978 (c. 29);
“the 1984 Act” means the Mental Health (Scotland) Act 1984 (c. 36);
“the 1995 Act” means the Children (Scotland) Act 1995 (c. 36);
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39);
“NHS body” means—
a Health Board, constituted by order made under section 2(1)(a) of the 1978 Act;
a Special Health Board, constituted by order made under section 2(1)(b) of that Act;
a National Health Service trust, established by order made under section 12A(1) of that Act; or
the Common Services Agency, constituted by section 10(1) of that Act;
“prescribed” means prescribed by regulations made by the Scottish Ministers; and
“social care” means, subject to subsection (2) below, a service provided—
under the 1968 Act; or
under section 7 (arrangements in relation to persons who are or have been suffering from mental disorder) or 8 (provision of after-care services for such persons) of the 1984 Act,
to an individual by a local authority or a service the provision of which to an individual, under the 1968 Act or either of those sections, is secured by a local authority.
(2)In this Act, “social care” does not include a service which (or so much of a service as) consists of the provision of accommodation; but in the definition of the expression in subsection (1) above, the references to a service being provided are to the provision of any other form of assistance (including, without prejudice to that generality, the provision of advice, guidance or a material thing).
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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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