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Community Care and Health (Scotland) Act 2002

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This is the original version (as it was originally enacted).

8Amendment of 1968 Act: matters to be taken account of in assessment of needs

This section has no associated Explanatory Notes

In section 12A of the 1968 Act (duty of local authority to assess needs of adults for community care services), for paragraph (b) of subsection (1), there is substituted—

(b)shall then decide, having regard to the results of that assessment, and taking account—

(i)where it appears to them that a person (“the carer”) provides a substantial amount of care on a regular basis for that person, of such care as is being so provided; and

(ii)in so far as it is reasonable and practicable to do so, both of the views of the person whose needs are being assessed and of the views of the carer (provided that, in either case, there is a wish, or as the case may be a capacity, to express a view),

whether the needs of the person being assessed call for the provision of any such services..

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