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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The Scottish Ministers must ensure that any assessment to which subsection (2) applies is carried out by a suitably qualified person.
(2)This subsection applies to an assessment that—
(a)is arranged—
(i)by the Scottish Ministers,
(ii)in connection with making a determination of what assistance an individual is eligible to be given through the Scottish social security system, and
(b)is an assessment of physical condition or mental health.
(3)The Scottish Ministers may by regulations specify who is to be regarded as a suitably qualified person within the meaning of subsection (1) by reference to a person’s—
(a)training,
(b)experience, or
(c)holding a particular position.
(4)Regulations under subsection (3) must make different provision about who is suitably qualified to carry out an assessment depending on what the assessment is about.
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Text created by the Scottish Government 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.
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