Search Legislation

Carers (Scotland) Act 2016

Status:

This is the original version (as it was originally enacted).

SCHEDULECONSEQUENTIAL MODIFICATIONS

(introduced by section 44)

This schedule has no associated Explanatory Notes

Social Work (Scotland) Act 1968

1(1)The Social Work (Scotland) Act 1968 is amended as follows.

(2)Sections 12AA and 12AB are repealed.

Children (Scotland) Act 1995

2(1)The Children (Scotland) Act 1995 is amended as follows.

(2)Sections 24 and 24A are repealed.

Community Care and Health (Scotland) Act 2002

3(1)The Community Care and Health (Scotland) Act 2002 is amended as follows.

(2)Section 9(2) is repealed.

(3)Sections 11 and 12 are repealed.

Public Services Reform (Scotland) Act 2010

4In schedule 13 of the Public Services Reform (Scotland) Act 2010, after the entry relating to the Adoption and Children (Scotland) Act 2007, insert—

  • Carers (Scotland) Act 2016.

Social Care (Self-directed Support) (Scotland) Act 2013

5(1)The Social Care (Self-directed Support) (Scotland) Act 2013 is amended as follows.

(2)In section 1 (general principles)—

(a)in subsection (1)(b), for “to 24” substitute “and 23”,

(b)in subsection (6)(a)—

(i)for “or, as the case may be, section 12AA of that Act or section 23(3) or 24” substitute “, section 23(3)”,

(ii)after “1995 Act” insert “or by virtue of section 8 or 14 of the Carers (Scotland) Act 2016,”,

(c)in subsection (6)(b), for “section 3(4)” substitute “section 24 of the Carers (Scotland) Act 2016”.

(3)Section 3 (support for adult carers) is repealed.

(4)In section 7 (choice of options: adult carers)—

(a)in subsection (1), for “(the “supported person”) under section 3(4)” substitute “an adult carer or, as the case may be, a young carer under section 24(4) of the Carers (Scotland) Act 2016”,

(b)after subsection (4) insert—

(4A)Subsection (4B) applies where the supported person is an appropriate person in relation to the young carer.

(4B)Before making a choice in pursuance of subsection (2) or (3)(b), the supported person must, so far as practicable and taking account of the maturity of the young carer—

(a)give the young carer an opportunity to indicate whether the young carer wishes to express the young carer’s views,

(b)if the young carer wishes to do so, give the young carer an opportunity to express them, and

(c)have regard to any views expressed by the young carer.,

(c)after subsection (6) insert—

(7)In this section—

  • “the 1989 Act” means the Children Act 1989,

  • “the 1995 Order” means the Children (Northern Ireland) Order 1995 (S.I. 1995/755),

  • “adult carer” has the meaning given by section 3 of the Carers (Scotland) Act 2016,

  • “appropriate person”, in relation to a young carer, means—

    (a)

    a parent or guardian having parental responsibilities or parental rights in relation to the young carer under Part 1 of the 1995 Act,

    (b)

    a person in whom parental responsibilities or parental rights are vested by virtue of section 11(2)(b) of the 1995 Act,

    (c)

    a person having parental responsibilities or parental rights by virtue of section 11(12) of the 1995 Act,

    (d)

    a parent having parental responsibility for the young carer under Part 1 of the 1989 Act,

    (e)

    a person having parental responsibility for the young carer by virtue of—

    (i)

    section 12(2) of the 1989 Act,

    (ii)

    section 14C of the 1989 Act, or

    (iii)

    section 25(3) of the Adoption and Children Act 2002,

    (f)

    a parent having parental responsibility for the young carer under Part 2 of the 1995 Order,

    (g)

    a person having parental responsibility for the young carer under Article 12(2) of the 1995 Order,

    (h)

    a person in whom parental responsibilities or parental rights are vested by virtue of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007),

  • “supported person” means—

    (a)

    where the support is to be provided to an adult carer, the adult carer,

    (b)

    where the support is to be provided to a young carer—

    (i)

    if the young carer is under 16 years of age, an appropriate person,

    (ii)

    if the young carer is 16 years of age or over, the young carer,

  • “young carer” has the meaning given in section 2 of the Carers (Scotland) Act 2016.,

(d)the title to that section becomes “Choice of options: adult carers and young carers”.

(5)In section 10 (provision of information: children under 16)—

(a)in subsection (1), for “section 8” substitute “section 7 or 8”,

(b)in subsection (2)—

(i)before first “child” insert “young carer or, as the case may be,”,

(ii)before second “child” insert “young carer or”,

(c)in subsection (3), before “child” insert “young carer or”,

(d)in subsection (4), after “meaning” insert

(a)in relation to a young carer, as in section 7(7),

(b)in relation to a child,.

(6)In section 11(3) (local authority functions), after “1968 Act” insert “, section 24 of the Carers (Scotland) Act 2016”.

Public Bodies (Joint Working) (Scotland) Act 2014

6(1)The Public Bodies (Joint Working) (Scotland) Act 2014 is amended as follows.

(2)In Part 1 of the schedule—

(a)in the entry for the Social Work (Scotland) Act 1968, “12AA, 12AB,” is repealed,

(b)in the entry for the Children (Scotland) Act 1995, after “19” insert “to 23, 25”,

(c)after the entry relating to the Social Care (Self-directed Support) (Scotland) Act 2013, insert—

  • Sections 6, 12, 21, 24, 25, 31, 34 and 35 of the Carers (Scotland) Act 2016..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources