Search Legislation

Carers (Scotland) Act 2016

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Carers (Scotland) Act 2016, CHAPTER 1. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

CHAPTER 1SADULT CARER SUPPORT PLANS

Duty to prepare adult carer support planS

6Duty to prepare adult carer support planS

(1)In this Act an “adult carer support plan” means a plan prepared by a responsible local authority setting out—

(a)an adult carer's identified personal outcomes,

(b)an adult carer's identified needs (if any), and

(c)the support (if any) to be provided by the responsible local authority to an adult carer to meet those needs.

(2)If a responsible local authority identifies a person as an adult carer, the responsible local authority must offer the person an adult carer support plan.

(3)The responsible local authority must prepare an adult carer support plan in relation to a person if—

(a)the person accepts an offer under subsection (2), or

(b)subsection (4) applies.

(4)This subsection applies if a person who appears to the responsible local authority to be an adult carer requests an adult carer support plan.

(5)A 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).

(6)For the purposes of this Chapter the “responsible local authority”, in relation to an adult carer, means the local authority for the area in which the cared-for person resides.

Modifications etc. (not altering text)

Commencement Information

I1S. 6 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4

7Adult carers of terminally ill cared-for personsS

(1)The 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.

(2)For 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.

Commencement Information

I2S. 7 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4

8Adult carers: identification of outcomes and needs for supportS

(1)The Scottish Ministers may by regulations make provision about the identification of adult carers' personal outcomes and their needs for support, including—

(a)how personal outcomes and needs for support are to be identified,

(b)the process for doing so (including arrangements for the involvement of adult carers and cared-for persons),

(c)who may carry out identification,

(d)the sharing of information about adult carers and cared-for persons for the purpose of identifying personal outcomes and needs for support,

(e)the factors to be taken into account in identifying adult carers' personal outcomes and needs for support,

(f)the circumstances in which adult carers' personal outcomes and needs for support should be reviewed.

(2)In 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.

Commencement Information

I3S. 8 in force at 9.2.2018 by S.S.I. 2018/25, reg. 2(a)

Content and review of adult carer support planS

9Content of adult carer support planS

(1)An adult carer support plan must contain—

(a)information about the adult carer's personal circumstances at the time of preparation of the plan, including—

(i)the nature and extent of the care provided or to be provided,

(ii)the impact of caring on the adult carer's wellbeing and day-to-day life,

(b)information about the extent to which the adult carer is able and willing to provide care for the cared-for person,

(c)information about whether the adult carer has arrangements in place for the provision of care to the cared-for person in an emergency,

(d)information about whether the adult carer has arrangements in place for the future care of the cared-for person,

(e)information about the identification of the adult carer's personal outcomes, including about the carer's identified personal outcomes,

(f)information about the identification of the adult carer's needs for support, including—

(i)if the adult carer has identified needs, those needs,

(ii)if no needs for support are identified, that fact,

(g)information about the support available to adult carers and cared-for persons in the responsible local authority's area,

(h)if 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,

(i)if 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,

(j)if 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,

(k)information about whether support should be provided in the form of a break from caring,

(l)information about the circumstances in which the plan is to be reviewed.

(2)Each 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.

(3)The Scottish Ministers may by regulations make provision about—

(a)other information which an adult carer support plan must (or must not) contain,

(b)the form of adult carer support plans.

Commencement Information

I4S. 9 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4

10Review of adult carer support plansS

The Scottish Ministers may by regulations make provision about the review of adult carer support plans, including—

(a)the circumstances in which plans are to be reviewed,

(b)the frequency of review,

(c)the procedure for review,

(d)arrangements for obtaining the views of adult carers and cared-for persons.

Commencement Information

I5S. 10 in force at 31.5.2017 by S.S.I. 2017/152, reg. 2, sch.

Provision of information about planS

11Adult carer support plan: provision of information to carer etc.S

(1)The responsible local authority must provide the persons mentioned in subsection (2) with the information contained in the adult carer support plan.

(2)Those persons are—

(a)the adult carer to whom the plan relates, and

(b)any other person the adult carer requests.

(3)Subsection (1) does not apply to the extent that the responsible local authority considers that provision of the information would not be appropriate.

(4)The information is to be provided as soon as practicable after—

(a)the plan is prepared, or

(b)in the case of a revised plan, the revised plan is prepared.

Commencement Information

I6S. 11 in force at 1.4.2018 by S.S.I. 2017/152, reg. 4

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources