The Social Care (Self-directed Support) (Scotland) Act 2013 (Commencement, Transitional and Saving Provisions) Order 2014

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Social Care (Self-directed Support) (Scotland) Act 2013 (Commencement, Transitional and Saving Provisions) Order 2014 and comes into force on 17th February 2014.

(2) In this Order—

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

“the 2013 Act” means the Social Care (Self-directed Support) (Scotland) Act 2013.

Appointed day

2.  The day appointed for the coming into force of section 18 of the 2013 Act (power to charge for services provided under section 3) is 17th February 2014.

3.  The day appointed for the coming into force of the remaining provisions of the 2013 Act, in so far as they are not already in force, is 1st April 2014.

Transitional provisions

4.—(1) Paragraph (2) applies where before 1st April 2014 a local authority is providing or securing the provision of community care services to an adult by virtue of section 12A of the 1968 Act.

(2) Sections 5 and 6 of the 2013 Act (choice of options: adults and assistance) do not apply until the first occasion on or after 1st April 2014 on which the local authority reviews the decision under section 12A(1)(b) of the 1968 Act that the needs of the adult call for the provision of community care services.

(3) Paragraph (4) applies where before 1st April 2014 a local authority is providing or securing the provision of services under section 22(1) of the Children (Scotland) Act 1995(2) (promotion of welfare of children in need) to a child or a member of a child’s family.

(4) Section 8 of the 2013 Act (choice of options: children and family members) does not apply until the first occasion on or after 1st April 2014 on which the local authority reviews the services provided to the child or the member of the child’s family.

Saving provision

5.—(1) Paragraph (2) applies where—

(a) before 1st April 2014 a local authority has offered to make a payment under section 12B of the 1968 Act (direct payments in respect of community care services) to a person; and

(b) the person has consented or consent has been duly given on the person’s behalf.

(2) Despite article 3, the repeal of sections 12B and 12C of the 1968 Act by section 25 of the 2013 Act (consequential repeals) is of no effect in respect of that payment.

MICHAEL MATHESON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

4th February 2014