The Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Community Care (Personal Care and Nursing Care) (Scotland) Regulations 2002 and shall come into force on 1st July 2002.

(2) In these Regulations–

“the 1968 Act” means the Social Work (Scotland) Act 1968(1);

“the 1984 Act” means the Mental Health (Scotland) Act 1984(2);

“the Act” means the Community Care and Health (Scotland) Act 2002.

Accommodation provided under the 1968 Act or section 7 of the 1984 Act

2.  For the purpose of section 2 of the Act, accommodation provided to or provision of which is secured for an individual by a local authority under the 1968 Act or section 7 of the 1984 Act does not include–

(a) the first £145 per week of care of a kind mentioned in paragraphs (a), (b) and (c) of section 1(1) of the Act, and

(b) the first £65 per week of care of a kind mentioned in paragraph (d) of section 1(1) of the Act.

Qualification of requirement not to charge

3.  The requirement in section 1(1) of the Act, not to charge for social care of a kind mentioned in paragraphs (a), (b) and (c) of that section shall apply only where the person, for whom the local authority has a duty or power in terms of the 1968 Act or section 7 or 8 of the 1984 Act, is a person aged 65 or over.

FRANCIS McAVEETY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th June 2002