Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2014 No. 90

Social Care

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

Made

27th March 2014

Coming into force

1st April 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 26(1) and 27(1) of the Social Care (Self-directed Support) (Scotland) Act 2013(1) and all other powers enabling them to do so.

In accordance with section 26(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  This Order may be cited as the Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 and comes into force on 1st April 2014.

Consequential modifications

2.—(1) The enactments mentioned in the first column of the table in Part 1 of the Schedule are repealed to the extent specified in the second column of that table.

(2) The enactments mentioned in the first column of the table in Part 2 of the Schedule are revoked to the extent specified in the second column of that table.

(3) The provisions of the enactments mentioned in the first and second columns of the table in Part 3 of the Schedule are amended to the extent specified in the third column of that table.

Saving provision

3.  The modifications in article 2 of this Order do not have effect in respect of any payment made under section 12B of the Social Work (Scotland) Act 1968(2) after this Order comes into force.

MICHAEL MATHESON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th March 2014

Article 2

SCHEDULEConsequential modifications

PART 1Repeals

EnactmentExtent of repeal

Community Care (Direct Payments) Act 1996(3)

Regulation of Care (Scotland) Act 2001(4)

Section 4

Section 70

Community Care and Health (Scotland) Act 2002(5)Section 7 and paragraph 1(2) and (3) of schedule 2
Adult Support and Protection (Scotland) Act 2007(6)Section 63

PART 2Revocations

EnactmentExtent of revocation
The Community Care (Direct Payments) (Scotland) Regulations 2003(7)The whole instrument
The Community Care (Direct Payments) (Scotland) Amendment Regulations 2005(8)The whole instrument
The Community Care (Direct Payments) (Scotland) Amendment Regulations 2007(9)The whole instrument

PART 3Amendments

EnactmentProvision in enactment to be amendedAmendment
Primary Legislation
Protection of Vulnerable Groups (Scotland) Act 2007(10)Section 94(4), in the definition of “direct payment”For “means a payment made under section 12B of that Act” substitute “has the same meaning as in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
Social Work (Scotland) Act 1968Section 86(1)(ba)(11)In paragraph (ba), for the words from “payment” to “service” substitute “direct payment under the Social Care (Self-directed Support) (Scotland) Act 2013 for the purpose of arranging for the provision of support within the meaning of section 5 or 8 of that Act”.
Secondary Legislation
The Children’s Legal Assistance (Scotland) Regulations 2013(12)Paragraph 8(b) of Schedule 2For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012(13)Paragraph 29 of Schedule 4For “under section 12B of the Social Work (Scotland) Act 1968 (direct payments in respect of community care services)” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
The Council Tax Reduction (Scotland) Regulations 2012(14)Paragraph 57 of Schedule 4For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self- directed Support) (Scotland) Act 2013”.
Paragraph 62 of Schedule 5(i) omit “section 12B of the Social Work (Scotland) Act 1968,”; and
(ii) after “health care)” insert “or as a direct payment as defined in section 4(2) of the Social Care (Self- directed Support) (Scotland) Act 2013(15)”.
The Community Care (Joint Working etc.) (Scotland) Regulations 2002(16)Paragraph 1 of Schedule 1, paragraph 1 of Schedule 3 and paragraph 1(2)(c) of Schedule 5Omit “12B, 12C,”.
The Civil Legal Aid (Scotland) Regulations 2002(17)Regulation 33(a)(x), paragraph 5(d) of Schedule 2 and paragraph 8(c) of Schedule 3For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
The National Assistance (Assessment of Resources) Regulations 1992(18)Paragraph 28I(1) of Schedule 3For “under section 12B (direct payments in respect of community care services) of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
Paragraph 23(1) of Schedule 4For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
The Advice and Assistance (Scotland) Regulations 1996(19)Regulation 16(2)(i) and paragraph 5(ba) of Schedule 2For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes modifications in consequence of the Social Care (Self-directed Support) (Scotland) Act 2013 (“the 2013 Act”).

Section 25 of the 2013 Act repeals section 12B of the Social Work (Scotland) Act 1968 (“the 1968 Act”) which make provision in relation to direct payments in respect of community care services. New provision for direct payments is made in the 2013 Act.

Article 2 and the Schedule repeal, revoke and amend enactments contained in primary and secondary legislation in consequence on the repeal of section 12B of the 1968 Act and the new provision for direct payments in the 2013 Act.

Article 3 contains a saving provision so that the enactments specified in the Schedule continue to apply without modification in relation to any payments which are made under section 12B of the 1968 Act after 1st April 2014.

(2)

1968 c.49, section 12B is repealed by section 25 of the Social Care (Self-directed Support) (Scotland) Act 2013 but saved in respect of certain payments made under that section on or after 1st April 2014 (see S.S.I. 2014/32 (C.2)).

(11)

Section 86(1)(ba) was inserted by the Adult Support and Protection (Scotland) Act 2007 (asp 10), section 65(1).

(13)

S.S.I. 2012/319, to which there are amendments not relevant to this Order.

(14)

S.S.I. 2012/303, to which there are amendments not relevant to this Order.

(16)

S.S.I. 2002/533, to which there are amendments not relevant to this Order.

(17)

S.S.I. 2002/494, to which there are amendments not relevant to this Order.

(18)

S.I. 1992/2977, amended by S.S.I. 2003/577; there are other amendments not relevant to this Order.

(19)

S.I. 1996/2447, amended by S.I. 1997/726; there are other amendments not relevant to this Order.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources