Carers (Scotland) Act 2016 Explanatory Notes

Section 14 – Young carers: identification of outcomes and needs for support

42.This section is equivalent to section 8 in relation to adult carer support plans. Under this section, the Scottish Ministers may make regulations about the identification of young carers’ personal outcomes and their needs for support. Such regulations could include provision about—

  • how personal outcomes and needs for support are to be identified;

  • the process for doing so (including arrangements for the involvement of young carers and cared-for persons);

  • who may carry out identification;

  • the sharing of information about young carers and cared-for persons for the purpose of identifying personal outcomes and needs for support;

  • the factors to be taken into account in identifying young carers’ personal outcomes and needs for support;

  • the circumstances in which young carers’ personal outcomes and needs for support should be reviewed.

43.Regulations under this section will be subject to the affirmative procedure (see section 42(2)).

44.Subsection (2) also requires the local authority to consider the impact on the young carer of having one or more protected characteristic (within the meaning of section 149(7) of the Equality Act 2010) when assessing a young carer’s personal outcomes and needs for support. The protected characteristics in section 149(7) of the Equality Act 2010 are age, disability, gender reassignment; pregnancy and maternity; race; religion or belief; sex; and sexual orientation.

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