SCHEDULECONSEQUENTIAL MODIFICATIONS
Social Care (Self-directed Support) (Scotland) Act 2013
I15
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Section 3 (support for adult carers) is repealed.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
”
.