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SCHEDULECONSEQUENTIAL MODIFICATIONS

(introduced by section 44)

Social Work (Scotland) Act 1968

1(1)The Social Work (Scotland) Act 1968 is amended as follows.

(2)Sections 12AA and 12AB are repealed.

Children (Scotland) Act 1995

2(1)The Children (Scotland) Act 1995 is amended as follows.

(2)Sections 24 and 24A are repealed.

Community Care and Health (Scotland) Act 2002

3(1)The Community Care and Health (Scotland) Act 2002 is amended as follows.

(2)Section 9(2) is repealed.

(3)Sections 11 and 12 are repealed.

Public Services Reform (Scotland) Act 2010

4In schedule 13 of the Public Services Reform (Scotland) Act 2010, after the entry relating to the Adoption and Children (Scotland) Act 2007, insert—

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

5(1)The Social Care (Self-directed Support) (Scotland) Act 2013 is amended as follows.

(2)In section 1 (general principles)—

(a)in subsection (1)(b), for “to 24” substitute “and 23”,

(b)in subsection (6)(a)—

(i)for “or, as the case may be, section 12AA of that Act or section 23(3) or 24” substitute “, section 23(3)”,

(ii)after “1995 Act” insert “or by virtue of section 8 or 14 of the Carers (Scotland) Act 2016,”,

(c)in subsection (6)(b), for “section 3(4)” substitute “section 24 of the Carers (Scotland) Act 2016”.

(3)Section 3 (support for adult carers) is repealed.

(4)In section 7 (choice of options: adult carers)—

(a)in 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”,

(b)after subsection (4) insert—

(4A)Subsection (4B) applies where the supported person is an appropriate person in relation to the young carer.

(4B)Before 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—

(a)give the young carer an opportunity to indicate whether the young carer wishes to express the young carer’s views,

(b)if the young carer wishes to do so, give the young carer an opportunity to express them, and

(c)have regard to any views expressed by the young carer.,

(c)after subsection (6) insert—

(7)In this section—

(d)the title to that section becomes “Choice of options: adult carers and young carers”.

(5)In section 10 (provision of information: children under 16)—

(a)in subsection (1), for “section 8” substitute “section 7 or 8”,

(b)in subsection (2)—

(i)before first “child” insert “young carer or, as the case may be,”,

(ii)before second “child” insert “young carer or”,

(c)in subsection (3), before “child” insert “young carer or”,

(d)in subsection (4), after “meaning” insert

(a)in relation to a young carer, as in section 7(7),

(b)in relation to a child,.

(6)In section 11(3) (local authority functions), after “1968 Act” insert “, section 24 of the Carers (Scotland) Act 2016”.

Public Bodies (Joint Working) (Scotland) Act 2014

6(1)The Public Bodies (Joint Working) (Scotland) Act 2014 is amended as follows.

(2)In Part 1 of the schedule—

(a)in the entry for the Social Work (Scotland) Act 1968, “12AA, 12AB,” is repealed,

(b)in the entry for the Children (Scotland) Act 1995, after “19” insert “to 23, 25”,

(c)after the entry relating to the Social Care (Self-directed Support) (Scotland) Act 2013, insert—