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Scottish Statutory Instruments

2017 No. 207

Social Care

The Carers (Scotland) Act 2016 (Prescribed Days) Regulations 2017

Made

14th June 2017

Laid before the Scottish Parliament

16th June 2017

Coming into force

1st October 2017

The Scottish Ministers make the following regulations in exercise of the powers conferred by section 22(2) and (3) of the Carers (Scotland) Act 2016(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Carers (Scotland) Act 2016 (Prescribed Days) Regulations 2017 and come into force on 1st October 2017.

(2) In these Regulations, “the Act” means the Carers (Scotland) Act 2016.

Commencement of period for publication of local eligibility criteria

2.  1st October 2017 is the day prescribed for the purpose of section 22(2) of the Act.

Prescribed period for first review of local eligibility criteria

3.  The period prescribed for the purpose of section 22(3) of the Act is 3 years.

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th June 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

Each local authority is required under section 21 of the Carers (Scotland) Act 2016 (“the Act”) to set local eligibility criteria which are to apply in its area. Local eligibility criteria are the criteria by which a local authority must determine whether it is required to provide support to a carer to meet that carer’s identified needs.

Under section 22(2) of the Act, each local authority is required to publish its local eligibility criteria within a period of 6 months beginning with the day prescribed by the Scottish Ministers.

Regulation 2 prescribes 1st October 2017 as the day from which the 6 month period for publication of the local eligibility criteria commences.

Under section 22(3) of the Act, each local authority must carry out a first review of its local eligibility criteria before the end of a prescribed period which begins with the day on which the criteria are published.

Regulation 3 prescribes a period of 3 years within which a first review of local eligibility criteria is to take place.