The Preserved Rights (Transfer to Responsible Authorities) (Scotland) Regulations 2002

Disapplication of duties of a responsible authority under section 50(3) to (7)

2.  For the purposes of section 50(8), section 50(3) to (7) (duties of responsible authorities to persons having preserved rights) shall not apply to any person who, in respect of the day immediately before the appointed day–

(a) is not entitled to income support under section 124(1) of the Social Security Contributions and Benefits Act 1992(1) or is so entitled but does not have a preserved right for the purposes of regulation 19 of the Income Support (General) Regulations 1987(2), or

(b) is being provided with after-care services in accordance with section 7 of the Mental Health (Scotland) Act 1984(3).

(1)

1992 c. 4.

(2)

S.I. 1987/1967. Regulation 19 was amended by S.I. 1988/663, 1445 and 2022, 1989/1678, 1991/1033, 1992/3147, 1993/2119, 1994/527 and 2139 and 1996/206 and 462.

(3)

1984 c. 36.