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Carers (Scotland) Act 2016

Schedule – Consequential Modifications

131.The schedule to the Act makes consequential amendments and repeals of other enactments to take account of the provisions of the Act. The enactments affected are—

  • the Social Work (Scotland) Act 1968;

  • the Children (Scotland) Act 1995;

  • the Community Care and Health (Scotland) Act 2002;

  • the Public Services Reform (Scotland) Act 2010;

  • the Social Care (Self-directed Support) (Scotland) Act 2013; and

  • the Public Bodies (Joint Working) (Scotland) Act 2014.

132.Sections 12AA and 12AB of the Social Work (Scotland) Act 1968, and sections 24 and 24A of the Children (Scotland) Act 1995, and subsequent revisions under sections 9(2), 11 and 12 of the Community Care and Health (Scotland) Act 2002 are repealed. The functions covered by those sections, relating to the assessment of adult carers and young carers needs, are replaced by the provisions contained within Part 2 of the Act (adult carer support plans and young carer statements).

133.The amendment to schedule 13 of the Public Services Reform (Scotland) Act 2010 has the effect of making local authority functions under the Act “social work services functions” for the purposes of Part 5 of the 2010 Act. That change allows the Care Inspectorate to carry out inspections of services provided or procured by local authorities in order to discharge the functions.

134.The amendments to section 7 of the Social Care (Self-directed Support) (Scotland) Act 2013 made by paragraph 5 of the schedule have the effect that any support provided under section 24 of the Act may be provided through whichever of the options for self-directed support is chosen by a carer.

135.The amendments to the Public Bodies (Joint Working) (Scotland) Act 2014 have the effect that the functions of preparing an adult carer support plan or a young carer statement, providing support to carers, preparing local carer strategies, providing an information and advice service and publishing short breaks statements are capable of being delegated under an integration scheme under that Act.

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