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

Section 9 – Provision of information about self-directed support

34.Section 9 imposes certain duties on the local authority to provide information and advice about the options (available under section 4) and the provision of support under any of those options. These duties are imposed where under section 5, 7 or 8 a person is given the opportunity to choose an option for self-directed support.

35.Section 9(2)(a) places a duty on the local authority to explain what each option means in practice to the person. An example may be the opportunities and responsibilities that go with the option. Subsection (2)(b) requires the local authority to provide the person with information about how they might manage their support after they have chosen their preferred option. Subsection (2)(c) requires the authority to provide the person with information about persons who can provide help or further advice to them to help them to choose an option. This includes sources of advice or information other than the authority itself. In practice this will include organisations known as direct payment or self-directed “support organisations”. Subsection (2)(d) requires the authority to provide the person with information about providers of independent advocacy services where they consider it is appropriate to do so. Subsection (3) requires the authority in all three instances to provide the relevant information both in writing and, where appropriate, in alternative formats appropriate to the person’s communication needs.

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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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