Section 1 - Meaning of “carer”
6.Section 1(1) defines a “carer” as an individual who provides or intends to provide care for another individual (a “cared-for person”). Subsection (2)(a) stipulates that subsection (1) will not apply, in the case of a cared-for person under 18 years old, to the extent that the care is or would be provided by virtue of the person’s age. This is to ensure that parents are not regarded as carers for the purposes of the Act, except where they are the caring for that child for a reason other than the child’s age. This will include parents of disabled children. Subsection (2)(b) stipulates that subsection (1) will not apply if the care is provided under or by virtue of a contract or as voluntary work.
7.Subsection (3) gives the Scottish Ministers a regulation-making power to set out what is meant by a contract for the purposes of subsection (2)(b)(i). For instance, this power might be used to provide that an agreement between a local authority and a kinship carer under the Looked After Children (Scotland) Regulations 2009 is not a “contract” for the purposes of subsection (2)(b)(i). That would mean that care provided under such an agreement would fall within the meaning of subsection (1) and the kinship carer would be a carer for the purposes of the Act.
8.Subsection (3) also allows regulations to permit a relevant authority to disregard subsection (2)(b) if the authority considers it appropriate. For instance, this power may be used to provide clarification in relation to carers who provide elements of both paid care, by way of a contract with the person they care for, and unpaid care to the same person. Regulations under this subsection will be subject to the affirmative procedure (see section 42(2)).
9.Subsection (4) defines “relevant authority” for the purposes of subsection (3) and of section 4 as a responsible local authority (which may be required to prepare adult carer support plans), and also a responsible authority (which may be required to prepare young carer statements), under Part 2 Chapter 1 and Part 2 Chapter 2 of the Act respectively: namely local authorities, health boards and, where applicable, directing authorities of grant-aided or independent schools.
