The Community Care (Direct Payments) (Scotland) Regulations 2003

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Community Care (Direct Payments) (Scotland) Regulations 2003 and shall come into force on 1st June 2003.

(2) In these Regulations–

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

“the 1983 Act” means the Mental Health Act 1983(1);

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

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(3);

“the 1997 Regulations” means the Community Care (Direct Payments) (Scotland) Regulations 1997(4);

“the 2000 Act” means the Adults with Incapacity (Scotland) Act 2000(5);

“attorney” means a person in respect of whom a beneficiary has made a continuing power of attorney within the meaning of section 15(1) of the 2000 Act or who has become a continuing attorney by virtue of section 88(1) of, and paragraph 4 of Schedule 4 to, the 2000 Act and who has power to deal with a direct payment on behalf of the beneficiary;

“beneficiary” means a person to whom a local authority owes a duty under section 12B(1) of the Act to make a direct payment in respect of securing the provision of a service mentioned in section 12B(1)(a)(i) or (ii) of that Act;

“direct payment” means a payment under section 12B(1) of the Act;

“guardian” means a person who has become a guardian by virtue of an order made under section 58 of the 2000 Act, or by virtue of section 88(1) of, and paragraph 1 of Schedule 4 to, the 2000 Act, and who has power to deal with a direct payment on behalf of the beneficiary.

(3) These Regulations extend to Scotland only.

(1)

1983 (c. 20).

(2)

1984 (c. 36).

(3)

1995 (c. 46).

(4)

S.I. 1997/693 as amended by S.S.I. 2000/183 and 2001/447.

(5)

2000 asp 4.