http://www.legislation.gov.uk/asp/2016/9/2026-01-07Carers (Scotland) Act 2016An Act of the Scottish Parliament to make provision about carers, including the identification of carers' needs for support through adult carer support plans and young carer statements; the provision of support to carers; the enabling of carer involvement in certain services; the preparation of local carer strategies; the establishment of information and advice services for carers; and for connected purposes.texttext/xmlenStatute Law Database2026-01-20Expert Participation2026-01-07 Carers (Scotland) Act 2016s. 8(3)(4)Care Reform (Scotland) Act 2025s. 8(2)s. 39(2)Carers (Scotland) Act 2016s. 9(1)(ha)Care Reform (Scotland) Act 2025s. 8(3)(a)s. 39(2)Carers (Scotland) Act 2016s. 9(1)(j)Care Reform (Scotland) Act 2025s. 8(3)(b)s. 39(2)Carers (Scotland) Act 2016s. 9(1)(k)Care Reform (Scotland) Act 2025s. 8(3)(c)s. 39(2)Carers (Scotland) Act 2016s. 14(3)(4)Care Reform (Scotland) Act 2025s. 8(4)s. 39(2)Carers (Scotland) Act 2016s. 15(1)(ia)Care Reform (Scotland) Act 2025s. 8(5)(a)s. 39(2)Carers (Scotland) Act 2016s. 15(1)(k)Care Reform (Scotland) Act 2025s. 8(5)(b)s. 39(2)Carers (Scotland) Act 2016s. 15(1)(l)Care Reform (Scotland) Act 2025s. 8(5)(c)s. 39(2)Carers (Scotland) Act 2016s. 21(2)Care Reform (Scotland) Act 2025s. 8(6)(a)s. 39(2)Carers (Scotland) Act 2016s. 21(5)Care Reform (Scotland) Act 2025s. 8(6)(b)s. 39(2)Carers (Scotland) Act 2016s. 23(2)Care Reform (Scotland) Act 2025s. 8(7)(a)s. 39(2)Carers (Scotland) Act 2016s. 23(3)(c)Care Reform (Scotland) Act 2025s. 8(7)(b)s. 39(2)Carers (Scotland) Act 2016s. 23(5)Care Reform (Scotland) Act 2025s. 8(7)(c)s. 39(2)Carers (Scotland) Act 2016s. 24(1)(a)Care Reform (Scotland) Act 2025s. 8(8)(a)s. 39(2)Carers (Scotland) Act 2016s. 24(2)Care Reform (Scotland) Act 2025s. 8(8)(b)s. 39(2)Carers (Scotland) Act 2016s. 24(3)Care Reform (Scotland) Act 2025s. 8(8)(c)s. 39(2)Carers (Scotland) Act 2016s. 24(4)(a)Care Reform (Scotland) Act 2025s. 8(8)(d)(i)s. 39(2)Carers (Scotland) Act 2016s. 24(4)(b)Care Reform (Scotland) Act 2025s. 8(8)(d)(ii)s. 39(2)Carers (Scotland) Act 2016s. 24(4A)Care Reform (Scotland) Act 2025s. 8(8)(e)s. 39(2)Carers (Scotland) Act 2016s. 24(5)Care Reform (Scotland) Act 2025s. 8(8)(f)(i)s. 39(2)Carers (Scotland) Act 2016s. 24(5)(a)Care Reform (Scotland) Act 2025s. 8(8)(f)(ii)s. 39(2)Carers (Scotland) Act 2016s. 24(5)(b)Care Reform (Scotland) Act 2025s. 8(8)(f)(iii)s. 39(2)Carers (Scotland) Act 2016s. 24(6)Care Reform (Scotland) Act 2025s. 8(8)(g)s. 39(2)Carers (Scotland) Act 2016s. 25(1)Care Reform (Scotland) Act 2025s. 8(9)(a)s. 39(2)Carers (Scotland) Act 2016s. 25(2)(2A)Care Reform (Scotland) Act 2025s. 8(9)(b)s. 39(2)Carers (Scotland) Act 2016s. 25(3)Care Reform (Scotland) Act 2025s. 8(9)(c)s. 39(2)Carers (Scotland) Act 2016s. 25(4)Care Reform (Scotland) Act 2025s. 8(9)(d)(i)s. 39(2)Carers (Scotland) Act 2016s. 25(4)Care Reform (Scotland) Act 2025s. 8(9)(d)(ii)s. 39(2)Carers (Scotland) Act 2016s. 25(5)Care Reform (Scotland) Act 2025s. 8(9)(e)s. 39(2)Carers (Scotland) Act 2016s. 31(2)(ha)Care Reform (Scotland) Act 2025s. 8(10)(a)s. 39(2)Carers (Scotland) Act 2016s. 31(2A)Care Reform (Scotland) Act 2025s. 8(10)(b)s. 39(2)Carers (Scotland) Act 2016s. 41(3)Care Reform (Scotland) Act 2025s. 8(11)s. 39(2)Carers (Scotland) Act 2016s. 7Care Reform (Scotland) Act 2025s. 9(3)s. 39(2)Carers (Scotland) Act 2016s. 41(1)Care Reform (Scotland) Act 2025s. 9(4)s. 39(2)Carers (Scotland) Act 2016s. 42(2)(b)Care Reform (Scotland) Act 2025s. 9(5)s. 39(2)Carers (Scotland) Act 2016s. 13Care Reform (Scotland) Act 2025s. 10(3)s. 39(2)Carers (Scotland) Act 2016s. 42(2)(d)Care Reform (Scotland) Act 2025s. 10(4)s. 39(2)Carers (Scotland) Act 2016s. 35(2A)Care Reform (Scotland) Act 2025s. 12(2)s. 39(2) 2016 asp 9An Act of the Scottish Parliament to make provision about carers, including the identification of carers' needs for support through adult carer support plans and young carer statements; the provision of support to carers; the enabling of carer involvement in certain services; the preparation of local carer strategies; the establishment of information and advice services for carers; and for connected purposes.The Bill for this Act of the Scottish Parliament was passed by the Parliament on 4 February 2016 and received Royal Assent on 9th March 2016 PART 1 11In this Act “carer” means an individual who provides or intends to provide care for another individual (the “cared-for person”).2But subsection (1) does not apply—ain the case of a cared-for person under 18 years old, to the extent that the care is or would be provided by virtue of the person's age, orbin any case, to the extent that the care is or would be provided—iunder or by virtue of a contract, oriias voluntary work.3The Scottish Ministers may by regulations—aprovide that “contract” in subsection (2)(b)(i) does or, as the case may be, does not include agreements of a kind specified in the regulations,bpermit a relevant authority to disregard subsection (2)(b) where the authority considers that the relationship between the carer and the cared-for person is such that it would be appropriate to do so.4In this Part “relevant authority” means a responsible local authority or a responsible authority (see section 41(1)).2In this Act “young carer” means a carer who—ais under 18 years old, orbhas attained the age of 18 years while a pupil at a school, and has since attaining that age remained a pupil at that or another school.3In this Act “adult carer” means a carer who is at least 18 years old but is not a young carer.41In this Act “personal outcomes”, in relation to carers, includes outcomes which would, if achieved, enable carers to provide or continue to provide care for cared-for persons.2The Scottish Ministers may by regulations make further provision about personal outcomes, including provision about—awhich outcomes may be personal outcomes,bthe matters to which a relevant authority is to have regard in considering which outcomes may be personal outcomes.51In this Act “identified personal outcomes”, in relation to a carer, means the personal outcomes which are identified as relevant to the carer.2In this Act “identified needs”, in relation to a carer, means the needs for support (if any) which are identified in order to meet the carer's identified personal outcomes.3In this section “identified” means identified by virtue of section 8 or 14. PART 2 CHAPTER 161In this Act an “adult carer support plan” means a plan prepared by a responsible local authority setting out—aan adult carer's identified personal outcomes,ban adult carer's identified needs (if any), andcthe support (if any) to be provided by the responsible local authority to an adult carer to meet those needs.2If a responsible local authority identifies a person as an adult carer, the responsible local authority must offer the person an adult carer support plan.3The responsible local authority must prepare an adult carer support plan in relation to a person if—athe person accepts an offer under subsection (2), orbsubsection (4) applies.4This subsection applies if a person who appears to the responsible local authority to be an adult carer requests an adult carer support plan.5A responsible local authority must exercise its functions under this section in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).5AThe Scottish Ministers must by regulations prescribe timescales for the preparation of adult carer support plans.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71The Scottish Ministers must by regulations prescribe timescales for the preparation of adult carer support plans in relation to adult carers of terminally ill cared-for persons.2For the purposes of this section and section 13, a cared-for person is terminally ill at any time if at that time the person suffers from a progressive disease and death in consequence of that disease can reasonably be expected within 6 months.81The Scottish Ministers may by regulations make provision about the identification of adult carers' personal outcomes and their needs for support, including—ahow personal outcomes and needs for support are to be identified,bthe process for doing so (including arrangements for the involvement of adult carers and cared-for persons),cwho may carry out identification,dthe sharing of information about adult carers and cared-for persons for the purpose of identifying personal outcomes and needs for support,ethe factors to be taken into account in identifying adult carers' personal outcomes and needs for support,fthe circumstances in which adult carers' personal outcomes and needs for support should be reviewed.2In identifying an adult carer's personal outcomes and needs for support, a responsible local authority must, in particular, take into account any impact that having one or more protected characteristic (within the meaning of section 149(7) of the Equality Act 2010) has on the adult carer.91An adult carer support plan must contain—ainformation about the adult carer's personal circumstances at the time of preparation of the plan, including—ithe nature and extent of the care provided or to be provided,iithe impact of caring on the adult carer's wellbeing and day-to-day life,binformation about the extent to which the adult carer is able and willing to provide care for the cared-for person,cinformation about whether the adult carer has arrangements in place for the provision of care to the cared-for person in an emergency,dinformation about whether the adult carer has arrangements in place for the future care of the cared-for person,einformation about the identification of the adult carer's personal outcomes, including about the carer's identified personal outcomes,finformation about the identification of the adult carer's needs for support, including—iif the adult carer has identified needs, those needs,iiif no needs for support are identified, that fact,ginformation about the support available to adult carers and cared-for persons in the responsible local authority's area,hif the adult carer does not reside in the responsible local authority's area, information about the support available to adult carers in the area where the adult carer resides,iif the adult carer's identified needs meet the local eligibility criteria, information about the support which the responsible local authority provides or intends to provide to the adult carer to meet those needs,jif the adult carer's identified needs do not meet the local eligibility criteria, information about the support which the responsible local authority provides or intends to provide to the adult carer,kinformation about whether support should be provided in the form of a break from caring,linformation about the circumstances in which the plan is to be reviewed.2Each second and subsequent adult carer support plan must also contain information about the extent to which any support provided under a previous plan has assisted in the achievement of the adult carer's identified personal outcomes.3The Scottish Ministers may by regulations make provision about—aother information which an adult carer support plan must (or must not) contain,bthe form of adult carer support plans.10The Scottish Ministers may by regulations make provision about the review of adult carer support plans, including—athe circumstances in which plans are to be reviewed,bthe frequency of review,cthe procedure for review,darrangements for obtaining the views of adult carers and cared-for persons.111The responsible local authority must provide the persons mentioned in subsection (2) with the information contained in the adult carer support plan.2Those persons are—athe adult carer to whom the plan relates, andbany other person the adult carer requests.3Subsection (1) does not apply to the extent that the responsible local authority considers that provision of the information would not be appropriate.4The information is to be provided as soon as practicable after—athe plan is prepared, orbin the case of a revised plan, the revised plan is prepared.CHAPTER 2121In this Act a “young carer statement” means a statement prepared by a responsible authority setting out—aa young carer's identified personal outcomes,ba young carer's identified needs (if any), andcthe support (if any) to be provided by the responsible local authority to a young carer to meet those needs.2If a responsible authority identifies a person as a young carer, the responsible authority must offer the person a young carer statement.3The responsible authority must prepare a young carer statement in relation to a person if—athe person accepts an offer under subsection (2), orbsubsection (4) applies.4This subsection applies if a person who appears to the responsible authority to be a young carer requests a young carer statement.5Subsection (3) applies whether or not the young carer requires a child's plan in accordance with section 33 of the 2014 Act.6Where the responsible authority, in relation to a young carer, is not the responsible local authority, the responsible authority must not provide the young carer statement to the young carer without the approval of the responsible local authority.7A responsible authority must exercise its functions under this section in a manner which encourages equal opportunities and in particular the observance of the equal opportunity requirements (within the meaning of Section L2 of Part 2 of schedule 5 of the Scotland Act 1998).7AThe Scottish Ministers must by regulations prescribe timescales for the preparation of young carer statements.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13The Scottish Ministers must by regulations prescribe timescales for the preparation of young carer statements in relation to young carers of terminally ill cared-for persons.141The Scottish Ministers may by regulations make provision about the identification of young carers' personal outcomes and their needs for support, including—ahow personal outcomes and needs for support are to be identified,bthe process for doing so (including arrangements for the involvement of young carers and cared-for persons),cwho may carry out identification,dthe sharing of information about young carers and cared-for persons for the purpose of identifying personal outcomes and needs for support,ethe factors to be taken into account in identifying young carers' personal outcomes and needs for support,fthe circumstances in which young carers' personal outcomes and needs for support should be reviewed.2In identifying a young carer's personal outcomes and needs for support, a responsible authority must, in particular, take into account any impact that having one or more protected characteristic (within the meaning of section 149(7) of the Equality Act 2010) has on the young carer.151A young carer statement must contain—ainformation about the young carer's personal circumstances at the time of the preparation of the statement, including—ithe nature and extent of the care provided or to be provided,iithe impact of caring on the young carer's wellbeing and day-to-day life,binformation about the extent to which the young carer is able and willing to provide care for the cared-for person,cinformation about the extent to which the responsible authority considers that the nature and extent of the care provided by the young carer is appropriate,dinformation about whether the young carer has arrangements in place for the provision of care to the cared-for person in an emergency,einformation about whether the young carer has arrangements in place for the future care of the cared-for person,finformation about the identification of the young carer's personal outcomes, including about the young carer's identified personal outcomes,ginformation about the identification of the young carer's needs for support, including—iif the young carer has identified needs, those needs,iiif no needs for support are identified, that fact,hinformation about the support available to young carers and cared-for persons in the responsible local authority's area,iif the young carer does not reside in the responsible local authority's area, information about the support available to young carers in the area where the young carer resides,jif the young carer's identified needs meet the local eligibility criteria, information about the support which the responsible local authority provides or intends to provide to the young carer to meet those needs,kif the young carer's identified needs do not meet the local eligibility criteria, information about the support which the responsible local authority provides or intends to provide to the young carer to meet those needs,linformation about whether support should be provided in the form of a break from caring,minformation about the circumstances in which the young carer statement is to be reviewed.2Each second and subsequent young carer statement must also contain information about the extent to which any support provided under a previous statement has assisted in the achievement of the young carer's identified personal outcomes.3For the purpose of subsection (1)(a)(ii), the responsible authority is—ato assess the wellbeing of a young carer by reference to the extent to which the matters listed in section 96(2) of the 2014 Act are or, as the case may be, would be satisfied in relation to the young carer, andbin doing so, to have regard to the guidance issued under section 96(3) of the 2014 Act.4The Scottish Ministers may by regulations make provision about—aother information which a young carer statement must (or must not) contain,bthe form of young carer statements.16The Scottish Ministers may by regulations make provision about the review of young carer statements, including—athe circumstances in which statements are to be reviewed,bthe frequency of review,cthe procedure for review,darrangements for obtaining the views of young carers and cared-for persons.171A responsible authority must provide the persons mentioned in subsection (2) with the information contained in the young carer statement.2Those persons are—athe young carer to whom the young carer statement relates,bany other person the young carer requests.3Subsection (1) does not apply to the extent that the responsible authority considers that provision of the information would not be appropriate.4The information is to be provided as soon as practicable after—athe statement is prepared, orbin the case of a revised statement, the revised statement is prepared.18Despite the fact that a young carer has attained the age of 18 years, any young carer statement prepared in relation to that carer continues to have effect until the carer is provided with an adult carer support plan.191For the purposes of this Chapter the “responsible authority”, in relation to a young carer, is—awhere the young carer is a pre-school child, the health board for the area in which the child resides,bwhere the young carer is not a pre-school child, the local authority for the area in which the child resides.2Subsection (1) is subject to section 20.3In this section and section 20 “pre-school child” has the meaning given by section 36(3) of the 2014 Act.201Where in pursuance of a decision of a local authority or health board a young carer who is a pre-school child resides in the area of a health board which is different to that in which the young carer would otherwise reside, the health board for the area in which the young carer would otherwise reside is the responsible authority in relation to the young carer.2Where the young carer is a pupil at a public school which is managed by a local authority other than the one for the area in which the young carer resides, that other authority is the responsible authority in relation to the young carer.3Where the young carer is a pupil at a grant-aided school or an independent school, the directing authority of that school is the responsible authority in relation to the young carer.4Subsection (3) does not apply where the young carer is such a pupil by virtue of a placement by the local authority for the area in which the young carer resides.5In this section “grant-aided school”, “independent school” and “public school” have the meanings given by section 135 of the Education (Scotland) Act 1980.PART 3CHAPTER 1211Each local authority must set the local eligibility criteria which it is to apply in its area.2Local eligibility criteria are the criteria by which the local authority must determine whether it is required to provide support to carers to meet carers' identified needs.3Before setting its local eligibility criteria, a local authority must—aconsult such persons and bodies representative of carers as the local authority considers appropriate, andbtake such steps as it considers appropriate to involve carers.4A local authority must, when setting its local eligibility criteria, have regard among other things to such matters as the Scottish Ministers may by regulations specify.221Each local authority must publish its local eligibility criteria.2The first local eligibility criteria must be published before the end of the period of 6 months beginning with the day prescribed by the Scottish Ministers by regulations.3Each local authority must carry out a first review of its local eligibility criteria before the end of the period, prescribed by the Scottish Ministers by regulations, beginning with the day on which the criteria are published.4Each local authority—amust thereafter review its local eligibility criteria before the end of the relevant period,bmay from time to time carry out such a review.5The relevant period is the period of 3 years beginning with whichever is the later of the day on which the local authority last published—aits local eligibility criteria, orba statement under subsection (6)(b).6Following a review under subsection (3) or (4), the local authority—amay set revised local eligibility criteria,bmust, where it does not set revised criteria, publish a statement to that effect.7Subsection (1) and section 21(4) apply to revised local eligibility criteria set under this section as they apply to criteria set under section 21.231The Scottish Ministers may make regulations setting out national eligibility criteria.2National eligibility criteria are the criteria by which each local authority must assess whether it is required to provide support to carers to meet carers' identified needs.3Where regulations under this section are made and have not been revoked—athe national eligibility criteria set out in them apply in place of any local eligibility criteria published under section 22,bsections 21 and 22 do not apply, andcreferences in sections 9(1)(i) and (j), 15(1)(j) and (k) and 24(3) to local eligibility criteria are to be read as references to national eligibility criteria.4Regulations under this section may modify any enactment (including this Act).CHAPTER 2241This section applies where a carer has identified needs which cannot be met by services or assistance—aprovided to the cared-for person (other than care provided by virtue of section 25 in order to provide the carer with a break from caring), orbprovided generally to persons in the area of the responsible local authority or, where the carer does not reside in the area of that authority, in the area where the carer resides.2The responsible local authority must determine whether any of those needs are eligible needs.3A carer's eligible needs are the carer's identified needs which meet the local eligibility criteria.4The responsible local authority—amust provide support to the carer to meet the carer's eligible needs, andbmay provide support to the carer to meet the carer's other identified needs.5Subsection (4)(a) applies—ain the case of an adult carer, whether or not the carer's eligible needs may also, following assessment under section 12A(1) of the 1968 Act, call for the provision of community care services to the carer under that section,bin the case of a young carer, whether or not the carer's eligible needs may also be met by the provision of services to the carer under section 22(1) of the 1995 Act.6In this section the “responsible local authority”, in relation to a carer, means the local authority for the area in which the cared-for person resides.251A local authority, in determining which support to provide to a carer under section 24(4), must consider in particular whether the support should take the form of or include a break from caring.2The Scottish Ministers may by regulations make provision—aabout the form of support that may be provided as a break from caring,bwhere the regulations provide for a break from caring to take the form of the provision of care for the cared-for person, about the role of the cared-for person in relation to how that care is provided.3Support provided by virtue of subsection (1) may be provided on a regular basis or on a temporary basis and may be provided for varying periods of time.4In providing support by virtue of subsection (1), a local authority must have regard to the desirability of breaks from caring being provided on a planned basis.5Section 19(2) of the Social Care (Self-directed Support) (Scotland) Act 2013 applies in relation to support provided as a break from caring as it applies in relation to any other support.26In section 87 of the 1968 Act (power of local authority to charge for services and accommodation provided under certain enactments)—ain subsection (1), for “section 3(4) of the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1)” substitute “ section 24(4) of the Carers (Scotland) Act 2016 ”,bin subsection (1A)(a), for “section 3(4) of the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1)” substitute “ section 24(4) of the Carers (Scotland) Act 2016 ”.Chapter 326A1A specified relevant body, in the exercise of its functions, must—aconsider if a carer may be eligible to receive financial or other support from another relevant body, andbtake such steps as it considers appropriate to promote take-up of that financial or other support to the carer.2The Scottish Ministers must by regulations specify the relevant bodies to which subsection (1) applies.3The Scottish Ministers may by regulations make further provision in relation to the duty under subsection (1), including—aa process for a relevant body to identify a carer’s eligibility to receive support,ba process for information to be shared between specified relevant bodies about a carer to promote take-up of financial or other support,csuch other provision as the Scottish Ministers consider appropriate.4Regulations under this section are subject to the affirmative procedure. PART 4 271Each local authority must take such steps as it considers appropriate to involve the persons mentioned in subsection (3) in carer services of that local authority.2Each health board must take such steps as it considers appropriate to involve the persons mentioned in subsection (3) in carer services of that health board.3Those persons are—acarers in the area of the local authority or, as the case may be, the health board, andbsuch persons and bodies representative of carers as the local authority or, as the case may be, the health board considers appropriate.4“Carer services” means services provided, or to be provided, by the local authority or, as the case may be, the health board to—acarers in relation to the care they provide, or intend to provide, for cared-for persons,bcared-for persons in relation to the care they receive.5Subsection (4) does not apply to—aservices which are contained in a children's services plan (within the meaning of section 8 of the 2014 Act) if the persons mentioned in subsection (3) have been consulted in relation to the preparation of that plan,bservices provided by virtue of functions which have been delegated under an integration scheme (within the meaning of section 1(3) of the Public Bodies (Joint Working) (Scotland) Act 2014) or which are to be carried out in conjunction with those functions.6“Involvement”, in relation to carer services, includes involvement in considering—awhat needs might call for the provision of services,bwhat services might be provided to meet those needs,chow those services might be provided, anddhow the provision of those services might be evaluated.281Each health board must ensure that, before a cared-for person is discharged from hospital, it involves any carer of that person in the discharge.2A health board fulfils the duty in subsection (1) by—ataking such steps as it considers appropriate to—iinform the carer, as soon as reasonably practicable, of the intention to discharge the cared-for person, andiiinvite the carer to give views about the discharge of the cared-for person, andbtaking account, so far as it is reasonable and practicable to do so, of any views given by the carer in making decisions relating to the discharge of the cared-for person.3This section applies only—awhere the health board can identify without delay that a person is the carer of the cared-for person, andbwhere it appears to the health board that the cared-for person is likely to require care following discharge.4In this section “health board” means—ain the case of the state hospital (within the meaning given by section 102 of the National Health Service (Scotland) Act 1978), the State Hospitals Board for Scotland constituted by order under section 2(1)(b) of that Act,bin the case of a hospital mentioned in subsection (5), a health board constituted under section 2(1)(a) of that Act.5The hospitals referred to in subsection (4)(b) are—aa health service hospital (within the meaning given by section 108(1) of the National Health Service (Scotland) Act 1978), orbwhere a person receives accommodation or services in a hospital other than a health service hospital under arrangements made by a health board, such a hospital.29In section 1(1) of the Social Care (Self-directed Support) (Scotland) Act 2013 (general principles applicable in carrying out certain care functions), after paragraph (c) insert—dPart 2 or 3 of the Carers (Scotland) Act 2016..301Section 12A of the 1968 Act (duty of local authority to assess needs) is amended in accordance with subsections (2) to (4).2In subsection (1)(b)—afor sub-paragraph (i) substitute—iif an adult carer provides, or intends to provide, care for that person, of the care provided by that carer,iaif a young carer provides, or intends to provide, care for that person, of the care provided by that carer,,bin sub-paragraph (ii)—i“both” is repealed,ii“and of the views of the carer” is repealed,iii“, in either case,” is repealed.3After subsection (1) insert—1AIn subsection (1)(b)(i) and (ia), the reference to the care provided by a carer means—ain the case of an adult carer who has an adult carer support plan, the information about that care set out in that plan,bin the case of a young carer who has a young carer statement, the information about that care set out in that statement.1BIn—aassessing the needs of a person for services under subsection (1)(a),bdeciding under subsection (1)(b) whether those needs call for the provision of any services, andcdeciding how any such services are to be provided,a local authority must take account of the views of the carer, in so far as it is reasonable and practicable to do so..4In subsection (8)—abefore the definition of “community care services” insert—“adult carer” and “adult carer support plan” have the meanings given by the Carers (Scotland) Act 2016,,bafter the definition of “person” insert—“young carer” and “young carer statement” have the meanings given by the Carers (Scotland) Act 2016..5Section 23 of the 1995 Act (children affected by disability) is amended in accordance with subsections (6) and (7).6In subsection (4)—afor paragraph (a) substitute—aif an adult carer provides, or intends to provide, care for the child, of the care provided by that carer,aaif a young carer provides, or intends to provide, care for the child, of the care provided by that carer,,bin paragraph (b)—isub-paragraph (ii) is repealed (together with the “and” immediately before it),iifor “child or carer” substitute “ or child ”.7After subsection (4) insert—5In subsection (4)(a) and (aa), the reference to the care provided by a carer means—ain the case of an adult carer who has an adult carer support plan, the information about that care set out in that plan,bin the case of a young carer who has a young carer statement, the information about that care set out in that statement.6In—adetermining the needs of a child under subsection (3),bdeciding whether to provide any services under section 22(1), andcdeciding how any such services are to be provided,a local authority must take account of the views of the carer, in so far as it is reasonable and practicable to do so.7In this section—“adult carer” and “adult carer support plan” have the meanings given by the Carers (Scotland) Act 2016,“young carer” and “young carer statement” have the meanings given by the Carers (Scotland) Act 2016.. PART 5 311Each local authority and relevant health board must jointly prepare a local carer strategy.2A local carer strategy means a document setting out—aplans for identifying relevant carers and obtaining information about the care they provide or intend to provide to cared-for persons in the local authority's area,ban assessment of the demand for support to relevant carers,cthe support available to relevant carers in the authority's area from—ithe authority,iithe relevant health board,iiisuch other persons and bodies as the authority and relevant health board consider appropriate,dan assessment of the extent to which demand for support to relevant carers is currently not being met,eplans for supporting relevant carers,fplans for helping relevant carers put arrangements in place for the provision of care to cared-for persons in emergencies,gan assessment of the extent to which plans for supporting relevant carers may reduce any impact of caring on relevant carers' health and wellbeing,hthe intended timescales for preparing adult carer support plans and young carer statements,isuch other information as the authority and relevant health board consider appropriate.3A local carer strategy must contain information relating to the particular needs and circumstances of young carers.4Before preparing a local carer strategy, the local authority and the relevant health board must jointly—aconsult such persons and bodies representative of carers as they consider appropriate, andbtake such steps as they consider appropriate to involve relevant carers.5In this section “relevant carers” means—acarers who reside in the area of a local authority (whether or not they provide or intend to provide care for cared-for persons in that area), andbcarers who do not reside in the authority's area but who provide or intend to provide care to cared-for persons in that area.6In this Part “relevant health board”, in relation to a local authority, means—aif the area of the local authority is the same as that of a health board, that health board,bif the area of the local authority is not the same as that of a health board, the health board within whose area the area of the local authority falls.32In preparing a local carer strategy, the local authority and the relevant health board must have regard among other things to—aany plans for the provision of services relevant to young carers which are set out in the children's services plan prepared for the area of the local authority under section 8 of the 2014 Act,bthe aims set out in section 9(2) of the 2014 Act,cthe criteria for assessing the wellbeing of children and young people set out in section 96 of the 2014 Act,dany national health and wellbeing outcomes prescribed under section 5 of the Public Bodies (Joint Working) (Scotland) Act 2014,eany arrangements for the carrying out of integration functions relevant to carers which are set out in the strategic plan prepared for the area of the local authority under section 29 of the Public Bodies (Joint Working) (Scotland) Act 2014,fany other local or national plans relating to the provision of social work services and health services as the authority and relevant health board consider appropriate.331Each local authority and relevant health board must jointly publish their local carer strategy.2The first local carer strategy is to be published before the end of the relevant period (within the meaning of section 37(10) of the Public Bodies (Joint Working) (Scotland) Act 2014) during which section 31 comes into force.3Each local authority and relevant health board—amust jointly review their strategy before the end of the period mentioned in subsection (4),bmay from time to time carry out such a review.4That period is the period of 3 years beginning with whichever is the later of the day on which the local authority and relevant health board last published—atheir local carer strategy, orba statement under subsection (6)(b).5In reviewing their local carer strategy, section 31(4) applies.6Following a review under subsection (3), the local authority and relevant health board—amay prepare a revised local carer strategy,bmust, where they do not prepare a revised strategy, publish a statement to that effect.7Subsection (1) and section 32 apply to a revised local carer strategy prepared under this section as they apply to a local carer strategy prepared under section 31. PART 6 341Each local authority must establish and maintain, or ensure the establishment and maintenance of, an information and advice service for relevant carers.2The service must provide information and advice in particular about—acarers' rights, including those set out in the carers' charter,bincome maximisation for carers,ceducation and training for carers,dadvocacy for carers,ehealth and wellbeing (including counselling) for carers,fbereavement support services for carers following the death of a cared-for person,gemergency care planning and future care planning for carers.3The information and advice must be accessible to, and proportionate to the needs of, the persons to whom it is provided.4In providing information and advice about the matters mentioned in subsection (2), the service must, in particular, identify information and advice likely to be of particular relevance to persons who have one or more protected characteristics (within the meaning of section 149(7) of the Equality Act 2010).5In this section “relevant carers” has the meaning given by section 31(5).351Each local authority must prepare and publish a short breaks services statement.2A short breaks services statement means a statement of information about the short breaks services available in Scotland for carers and cared-for persons.3The information must be accessible to, and proportionate to the needs of, the persons to whom it is provided.4The Scottish Ministers may by regulations make further provision about the preparation, publication and review of short breaks services statements.361The Scottish Ministers must prepare a carers' charter.2A carers' charter is a document setting out the rights of carers as provided for in or under this Act.3Nothing in the charter is to—agive rise to any new rights, orbalter any existing rights.4The charter may also contain such other information as the Scottish Ministers consider appropriate.5The Scottish Ministers may from time to time revise the charter prepared under subsection (1).6The Scottish Ministers must—abefore preparing the charter under subsection (1) or revising it under subsection (5)—iconsult such persons and bodies representative of carers as the Scottish Ministers consider appropriate,iiconsult such other persons as the Scottish Ministers consider appropriate,iiitake such steps as they consider appropriate to involve carers,blay the charter or revised charter before the Scottish Parliament, andcpublish the charter or revised charter in such manner as they consider appropriate. PART 7 371Section 5 of the 1968 Act (powers of the Scottish Ministers) is amended as follows.2In subsection (1), after “Children's Hearings (Scotland) Act 2011 (asp 1)” insert “ and the Carers (Scotland) Act 2016 ”.3In subsection (1B), after paragraph (t) insert—uthe Carers (Scotland) Act 2016..381Each health board and each directing authority must have regard to any guidance issued by the Scottish Ministers about the exercise of functions conferred by this Act.2The Scottish Ministers may issue directions to health boards and directing authorities, either individually or collectively, about the exercise of functions conferred by this Act.3Each health board must comply with any direction issued to it under this section.4Each directing authority must comply with any direction issued to it under this section.39In section 10(1) of the 1968 Act (financial and other assistance to voluntary organisations etc.), for “and (p)” substitute “ , (p) and (u) ”.40In section 4 of the 1968 Act (provisions relating to performance of functions by local authorities), after “Children's Hearings (Scotland) Act 2011 (asp 1)” insert “ or Part 2, 3, 4, 5 or 6 of the Carers (Scotland) Act 2016 ”. PART 8 411In this Act—“1968 Act” means the Social Work (Scotland) Act 1968,“1995 Act” means the Children (Scotland) Act 1995,“2014 Act” means the Children and Young People (Scotland) Act 2014,“adult carer” has the meaning given by section 3,“adult carer support plan” has the meaning given by section 6,“carer” has the meaning given by section 1,“directing authority” has the meaning given by section 45 of the 2014 Act,“grant-aided school” has the meaning given by section 20(5),“health board” (except in section 28) means a health board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,“identified needs”, in relation to a carer, has the meaning given by section 5(2),“identified personal outcomes”, in relation to a carer, has the meaning given by section 5(1),“independent school” has the meaning given by section 20(5),“local eligibility criteria” has the meaning given by section 21(2),...“national eligibility criteria” has the meaning given by section 23(2),“personal outcomes” has the meaning given by section 4,“public school” has the meaning given by section 20(5),“relevant authority” has the meaning given by section 1(4),“relevant carers” has the meaning given by section 31(5),“responsible authority”, for the purposes of Chapter 2 of Part 2 (young carer statements), has the meaning given by sections 19 and 20,“responsible local authority”, in relation to a carer, means the local authority for the area in which the cared-for person resides,“terminally ill”, in relation to a cared-for person, has the meaning given by section 7(2),“young carer” has the meaning given by section 2,“young carer statement” has the meaning given by section 12.2In this Act references to the provision of support by a responsible local authority include references to support the provision of which is secured by the authority.421Any power of the Scottish Ministers to make regulations under this Act includes power to make—adifferent provision for different purposes,bincidental, supplementary, consequential, transitional, transitory or saving provision.2Regulations under—asection 1(3),bsection 7(1),csection 8(1),dsection 13,esection 14(1),fsection 21(4),gsection 23(1),hsection 25(2),isection 43(1) which add to, replace or omit the text of an Act,are subject to the affirmative procedure.3All other regulations under this Act are subject to the negative procedure.4This section does not apply to regulations under section 45.431The Scottish Ministers may by regulations make such incidental, supplementary, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of, or in connection with, any provision made by or under this Act.2Regulations under subsection (1) may modify any enactment (including this Act).44The schedule contains modifications consequential on the provisions of this Act.451This section and sections 41 to 43 and 46 come into force on the day after Royal Assent.2The remaining provisions of this Act come into force on such date as the Scottish Ministers may by regulations appoint.3Different days may be appointed for different purposes.4Regulations under subsection (2) may include transitional, transitory or saving provision.46The short title of this Act is the Carers (Scotland) Act 2016.SCHEDULE (introduced by section 44)11The Social Work (Scotland) Act 1968 is amended as follows.2Sections 12AA and 12AB are repealed.21The Children (Scotland) Act 1995 is amended as follows.2Sections 24 and 24A are repealed.31The Community Care and Health (Scotland) Act 2002 is amended as follows.2Section 9(2) is repealed.3Sections 11 and 12 are repealed.4In schedule 13 of the Public Services Reform (Scotland) Act 2010, after the entry relating to the Adoption and Children (Scotland) Act 2007, insert— “ Carers (Scotland) Act 2016 ”.51The Social Care (Self-directed Support) (Scotland) Act 2013 is amended as follows.2In section 1 (general principles)—ain subsection (1)(b), for “to 24” substitute “ and 23 ”,bin subsection (6)(a)—ifor “or, as the case may be, section 12AA of that Act or section 23(3) or 24” substitute “ , section 23(3) ”,iiafter “1995 Act” insert “ or by virtue of section 8 or 14 of the Carers (Scotland) Act 2016, ”,cin subsection (6)(b), for “section 3(4)” substitute “ section 24 of the Carers (Scotland) Act 2016 ”.3Section 3 (support for adult carers) is repealed.4In section 7 (choice of options: adult carers)—ain subsection (1), for “(the “supported person”) under section 3(4)” substitute “ an adult carer or, as the case may be, a young carer under section 24(4) of the Carers (Scotland) Act 2016 ”,bafter subsection (4) insert—4ASubsection (4B) applies where the supported person is an appropriate person in relation to the young carer.4BBefore making a choice in pursuance of subsection (2) or (3)(b), the supported person must, so far as practicable and taking account of the maturity of the young carer—agive the young carer an opportunity to indicate whether the young carer wishes to express the young carer's views,bif the young carer wishes to do so, give the young carer an opportunity to express them, andchave regard to any views expressed by the young carer.,cafter subsection (6) insert—7In this section—“the 1989 Act” means the Children Act 1989,“the 1995 Order” means the Children (Northern Ireland) Order 1995 (S.I. 1995/755),“adult carer” has the meaning given by section 3 of the Carers (Scotland) Act 2016,“appropriate person”, in relation to a young carer, means—a parent or guardian having parental responsibilities or parental rights in relation to the young carer under Part 1 of the 1995 Act,a person in whom parental responsibilities or parental rights are vested by virtue of section 11(2)(b) of the 1995 Act,a person having parental responsibilities or parental rights by virtue of section 11(12) of the 1995 Act,a parent having parental responsibility for the young carer under Part 1 of the 1989 Act,a person having parental responsibility for the young carer by virtue of—section 12(2) of the 1989 Act,section 14C of the 1989 Act, orsection 25(3) of the Adoption and Children Act 2002,a parent having parental responsibility for the young carer under Part 2 of the 1995 Order,a person having parental responsibility for the young carer under Article 12(2) of the 1995 Order,a person in whom parental responsibilities or parental rights are vested by virtue of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007),“supported person” means—where the support is to be provided to an adult carer, the adult carer,where the support is to be provided to a young carer—if the young carer is under 16 years of age, an appropriate person,if the young carer is 16 years of age or over, the young carer,“young carer” has the meaning given in section 2 of the Carers (Scotland) Act 2016.,dthe title to that section becomes “ Choice of options: adult carers and young carers ”.5In section 10 (provision of information: children under 16)—ain subsection (1), for “section 8” substitute “ section 7 or 8 ”,bin subsection (2)—ibefore first “child” insert “ young carer or, as the case may be, ”,iibefore second “child” insert “ young carer or ”,cin subsection (3), before “child” insert “ young carer or ”,din subsection (4), after “meaning” insert— ain relation to a young carer, as in section 7(7),bin relation to a child,.6In section 11(3) (local authority functions), after “1968 Act” insert “ , section 24 of the Carers (Scotland) Act 2016 ”.61The Public Bodies (Joint Working) (Scotland) Act 2014 is amended as follows.2In Part 1 of the schedule—ain the entry for the Social Work (Scotland) Act 1968, “12AA, 12AB,” is repealed,bin the entry for the Children (Scotland) Act 1995, after “19” insert “to 23, 25”,cafter the entry relating to the Social Care (Self-directed Support) (Scotland) Act 2013, insert— “Sections 6, 12, 21, 24, 25, 31, 34 and 35 of the Carers (Scotland) Act 2016.”.S. 44 in force at 24.4.2017 for specified purposes by S.S.I. 2017/94, reg. 2(a)Sch. para. 6(1)(2)(c) in force at 24.4.2017 by S.S.I. 2017/94, reg. 2(b)S. 1(3)(a) in force at 31.5.2017 for specified purposes by S.S.I. 2017/152, reg. 2, sch.S. 10 in force at 31.5.2017 by S.S.I. 2017/152, reg. 2, sch.S. 16 in force at 31.5.2017 by S.S.I. 2017/152, reg. 2, sch.S. 22(2)(3) in force at 31.5.2017 for specified purposes by S.S.I. 2017/152, reg. 2, sch.S. 25(2)(a) in force at 31.5.2017 for specified purposes by S.S.I. 2017/152, reg. 2, sch.S. 26 in force at 31.5.2017 by S.S.I. 2017/152, reg. 2, sch. (with reg. 5)S. 35(4) in force at 31.5.2017 for specified purposes by S.S.I. 2017/152, reg. 2, sch.S. 22(2): 1.10.2017 prescribed by S.S.I. 2017/207, reg. 2S. 22(3): period of 3 years prescribed by S.S.I. 2017/207, reg. 3S. 1(3)(a) in force at 1.10.2017 in so far as not already in force by S.S.I. 2017/152, reg. 3, sch.S. 1(1)(2)(3)(b)(4) in force at 1.10.2017 by S.S.I. 2017/152, reg. 3, sch.S. 2 in force at 1.10.2017 by S.S.I. 2017/152, reg. 3, sch.S. 3 in force at 1.10.2017 by S.S.I. 2017/152, reg. 3, sch.S. 4 in force at 1.10.2017 by S.S.I. 2017/152, reg. 3, sch.S. 5 in force at 1.10.2017 by S.S.I. 2017/152, reg. 3, sch.S. 21 in force at 1.10.2017 by S.S.I. 2017/152, reg. 3, sch.S. 22(1) in force at 1.10.2017 by S.S.I. 2017/152, reg. 3, sch.S. 22(2) in force at 1.10.2017 in so far as not already in force by S.S.I. 2017/152, reg. 3, sch.S. 37 in force at 1.10.2017 by S.S.I. 2017/152, reg. 3, sch.S. 8 in force at 9.2.2018 by S.S.I. 2018/25, reg. 2(a)S. 14 in force at 9.2.2018 by S.S.I. 2018/25, reg. 2(b)S. 6(2) excluded (1.4.2018) by The Carers (Scotland) Act 2016 (Transitional Provisions) Regulations 2018 (S.S.I. 2018/34), regs. 1(1), 2S. 12(2) excluded (1.4.2018) by The Carers (Scotland) Act 2016 (Transitional Provisions) Regulations 2018 (S.S.I. 2018/34), regs. 1(1), 2Sch. para. 6(2)(a)(b) in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 22(3) in force at 1.4.2018 in so far as not already in force by S.S.I. 2017/152, reg. 4S. 25(2)(a) in force at 1.4.2018 in so far as not already in force by S.S.I. 2017/152, reg. 4S. 25(1)(2)(b)(3)-(5) in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 35(4) in force at 1.4.2018 in so far as not already in force by S.S.I. 2017/152, reg. 4S. 29 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 30 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 39 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 40 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 44 in force at 1.4.2018 in so far as not already in force by S.S.I. 2017/152, reg. 4S. 6 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 7 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 9 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 11 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 12 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 13 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 15 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 17 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 18 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 19 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 20 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 23 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 24 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 27 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 28 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 31 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 32 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 33 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 34 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 36 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 38 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4Sch. para. 5 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4Sch. para. 1 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4Sch. para. 2 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4Sch. para. 3 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4Sch. para. 4 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 22(4)-(7) in force at 1.4.2018 by S.S.I. 2017/152, reg. 4S. 35(1)-(3) in force at 1.4.2018 by S.S.I. 2017/152, reg. 4Pt. 3 Ch. 3 inserted (7.1.2026) by Care Reform (Scotland) Act 2025 (asp 9), ss. 13(2), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1S. 6(5A) inserted (7.1.2026) by Care Reform (Scotland) Act 2025 (asp 9), ss. 9(2), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1S. 6(6) repealed (7.1.2026) by Care Reform (Scotland) Act 2025 (asp 9), ss. 11(2), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1S. 12(7A) inserted (7.1.2026) by Care Reform (Scotland) Act 2025 (asp 9), ss. 10(2), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1S. 12(8) repealed (7.1.2026) by Care Reform (Scotland) Act 2025 (asp 9), ss. 11(2), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1Words in s. 41(1) repealed (7.1.2026) by Care Reform (Scotland) Act 2025 (asp 9), ss. 11(3), 39(2); S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1