SCHEDULE

Regulation 2

PART 1Functions prescribed for the purposes of section 1(7) of the Public Bodies (Joint Working) (Scotland) Act 2014

Column A

Enactment conferring function

Column B

Limitation

National Assistance Act 19486

Section 48

(duty of councils to provide temporary protection for property of persons admitted to hospitals etc.)

The Disabled Persons (Employment) Act 19587

Section 3

(provision of sheltered employment by local authorities)

The Social Work (Scotland) Act 19688

Section 1

(local authorities for the administration of the Act)

So far as it is exercisable in relation to another integration function.

Section 4

(provisions relating to performance of functions by local authorities)

So far as it is exercisable in relation to another integration function.

Section 8

(research)

So far as it is exercisable in relation to another integration function.

Section 10

(financial and other assistance to voluntary organisations etc. for social work)

So far as it is exercisable in relation to another integration function.

Section 12

(general social welfare services of local authorities)

Except in so far as it is exercisable in relation to the provision of housing support services.

Section 12A

(duty of local authorities to assess needs)

So far as it is exercisable in relation to another integration function.

Section 12AZA

(assessments under section 12A - assistance)

So far as it is exercisable in relation to another integration function.

Section 12AA

(assessment of ability to provide care)

Section 12AB

(duty of local authority to provide information to carer)

Section 13

(power of local authorities to assist persons in need in disposal of produce of their work)

Section 13ZA

(provision of services to incapable adults)

So far as it is exercisable in relation to another integration function.

Section 13A

(residential accommodation with nursing)

Section 13B

(provision of care or aftercare)

Section 14

(home help and laundry facilities)

Section 28

(burial or cremation of the dead)

So far as it is exercisable in relation to persons cared for or assisted under another integration function.

Section 29

(power of local authority to defray expenses of parent, etc., visiting persons or attending funerals)

Section 59

(provision of residential and other establishments by local authorities and maximum period for repayment of sums borrowed for such provision)

So far as it is exercisable in relation to another integration function.

The Local Government and Planning (Scotland) Act 19829

Section 24(1)

(The provision of gardening assistance for the disabled and the elderly)

Disabled Persons (Services, Consultation and Representation) Act 198610

Section 2

(rights of authorised representatives of disabled persons)

Section 3

(assessment by local authorities of needs of disabled persons)

Section 7

(persons discharged from hospital)

In respect of the assessment of need for any services provided under functions contained in welfare enactments within the meaning of section 16 and which are integration functions.

Section 8

(duty of local authority to take into account abilities of carer)

In respect of the assessment of need for any services provided under functions contained in welfare enactments (within the meaning set out in section 16 of that Act) which are integration functions.

The Adults with Incapacity (Scotland) Act 200011

Section 10

(functions of local authorities)

Section 12

(investigations)

Section 37

(residents whose affairs may be managed)

Only in relation to residents of establishments which are managed under integration functions.

Section 39

(matters which may be managed)

Only in relation to residents of establishments which are managed under integration functions.

Section 41

(duties and functions of managers of authorised establishment)

Only in relation to residents of establishments which are managed under integration functions.

Section 42

(authorisation of named manager to withdraw from resident’s account)

Only in relation to residents of establishments which are managed under integration functions.

Section 43

(statement of resident’s affairs)

Only in relation to residents of establishments which are managed under integration functions.

Section 44

(resident ceasing to be resident of authorised establishment)

Only in relation to residents of establishments which are managed under integration functions.

Section 45

(appeal, revocation etc)

Only in relation to residents of establishments which are managed under integration functions.

The Housing (Scotland) Act 200112

Section 92

(assistance for housing purposes)

Only in so far as it relates to an aid or adaptation.

The Community Care and Health (Scotland) Act 200213

Section 5

(local authority arrangements for residential accommodation outwith Scotland)

Section 14

(payments by local authorities towards expenditure by NHS bodies on prescribed functions)

The Mental Health (Care and Treatment) (Scotland) Act 200314

Section 17

(duties of Scottish Ministers, local authorities and others as respects Commission)

Section 25

(care and support services etc)

Except in so far as it is exercisable in relation to the provision of housing support services.

Section 26

(services designed to promote well-being and social development)

Except in so far as it is exercisable in relation to the provision of housing support services.

Section 27

(assistance with travel)

Except in so far as it is exercisable in relation to the provision of housing support services.

Section 33

(duty to inquire)

Section 34

(inquiries under section 33: Co-operation)

Section 228

(request for assessment of needs: duty on local authorities and Health Boards)

Section 259

(advocacy)

The Housing (Scotland) Act 200615

Section 71(1)(b)

(assistance for housing purposes)

Only in so far as it relates to an aid or adaptation.

The Adult Support and Protection (Scotland) Act 200716

Section 4

(council’s duty to make inquiries)

Section 5

(co-operation)

Section 6

(duty to consider importance of providing advocacy and other services)

Section 11

(assessment Orders)

Section 14

(removal orders)

Section 18

(protection of moved persons property)

Section 22

(right to apply for a banning order)

Section 40

(urgent cases)

Section 42

(adult Protection Committees)

Section 43

(membership)

Social Care (Self-directed Support) (Scotland) Act 201317

Section 3

(support for adult carers)

Only in relation to assessments carried out under integration functions.

Section 5

(choice of options: adults)

Section 6

(choice of options under section 5: assistances)

Section 7

(choice of options: adult carers)

Section 9

(provision of information about self-directed support)

Section 11

(local authority functions)

Section 12

(eligibility for direct payment: review)

Section 13

(further choice of options on material change of circumstances)

Only in relation to a choice under section 5 or 7 of the Social Care (Self-directed Support) (Scotland) Act 2013.

Section 16

(misuse of direct payment: recovery)

Section 19

(promotion of options for self-directed support)

PART 2Functions, conferred by virtue of enactments, prescribed for the purposes of section 1(7) of the Public Bodies (Joint Working) (Scotland) Act 2014

Column A

Enactment conferring function

Column B

Limitation

The Community Care and Health (Scotland) Act 2002

Section 418

The functions conferred by Regulation 2 of the Community Care (Additional Payments) (Scotland) Regulations 200219