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Social Care (Self-directed Support)(Scotland) Act 2013


3.The Act makes legislative provisions relating to the arranging of care and support (“community care services” and “children’s services”) in order to provide a range of choices to individuals as to how they are to be provided with their support. The Act provides general principles to guide and inform decisions made under the Act’s framework of duties and powers. It introduces the language and terminology of self-directed support into statute. It places a duty on local authorities (“authorities”) to offer four options to individuals who they assess as requiring care and support under section 12A of the Social Work (Scotland) Act 1968 (“the 1968 Act”), section 3 of this Act (support for adult carers) and section 24 of the Children (Scotland) Act 1995 (“the 1995 Act”). It requires authorities to provide information and assistance to individuals in order that they can make an informed choice about the options available. It provides a discretionary power to authorities in order that they can provide support to carers following a carer’s assessment under section 12AA of the 1968 Act or section 24 of the 1995 Act (section 3). It repeals and reframes provisions relating to direct payments as currently contained within sections 12B and 12C of the 1968 Act.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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