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Carers (Scotland) Act 2016

Section 28 – Carer involvement in hospital discharge of cared-for persons

86.Subsection (1) requires that health boards must involve any carer in the planning of discharge from hospital of a cared-for person.

87.Subsection (2) sets out how each health board must fulfil the duty in subsection (1). It requires the health board to take appropriate steps to inform the carer of the intention to discharge the cared-for person and to invite the carer to give views about the discharge. The health board must also take account, so far as is reasonable and practicable to do so, of the views of the carer during the discharge process.

88.Subsection (3) sets out that this section applies only where a health board can identify without delay that a person is a carer of the cared-for person and where it appears to the health board that the cared-for person is likely to require care following discharge from hospital.

89.Subsection (4) defines what is meant by a “health board” for the purposes of this section. This is an area health board or, in the case of the state hospital, the State Hospitals Boards for Scotland.

90.Subsection (5) describes the types of hospitals that are referred to as part of subsection (4). This is a health service hospital or any other hospital where a person receives accommodation or services under arrangements made by a health board.

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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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