Care Reform (Scotland) Act 2025 (asp 9)

Part 2 S Reforms connected to delivery and regulation of care

Chapter 1 S Modifications to other enactments

Carers S

Prospective

8 Rights to breaks for carers S

(1) The Carers (Scotland) Act 2016 is modified by subsections (2) to (11).

(2) After section 8(2) (adult carers: identification of outcomes and needs for support) insert—

“(3) A responsible local authority must identify, as a personal outcome that is relevant to an adult carer, the outcome that the adult carer is able to take sufficient breaks.

(4) Where an adult carer is not able to take sufficient breaks, a responsible local authority must identify the need for support to enable the adult carer to take sufficient breaks.”.

(3) In section 9(1) (content of adult carer support plan)—

(a) after paragraph (h) insert—

“(ha) if the adult carer’s identified needs include the need for support to enable the adult carer to take sufficient breaks by virtue of section 8(4), information about the support which the responsible local authority provides or intends to provide to the adult carer to meet that need,”,

(b) in paragraph (j), after “criteria” insert “(except in the case of an identified need as mentioned in paragraph (ha))”,

(c) paragraph (k) is repealed.

(4) After section 14(2) (young carers: identification of outcomes and needs for support) insert—

“(3) A responsible authority must identify, as a personal outcome that is relevant to a young carer, the outcome that the young carer is able to take sufficient breaks.

(4) Where a young carer is not able to take sufficient breaks, a responsible authority must identify the need for support to enable the young carer to take sufficient breaks.”.

(5) In section 15(1) (content of young carer statement)—

(a) after paragraph (i) insert—

“(ia) if the young carer’s identified needs include the need for support to enable the young carer to take sufficient breaks by virtue of section 14(4), information about the support which the responsible local authority provides or intends to provide to the young carer to meet that need,”,

(b) in paragraph (k), after “criteria” insert “(except in the case of an identified need as mentioned in paragraph (ia))”,

(c) paragraph (l) is repealed.

(6) In section 21 (duty to set local eligibility criteria)—

(a) in subsection (2), for “identified” substitute “relevant”,

(b) after subsection (4) insert—

“(5) In subsection (2), “relevant needs” means identified needs other than any need for support to enable carers to take sufficient breaks that is identified by virtue of section 8(4) or 14(4).”.

(7) In section 23 (national eligibility criteria)—

(a) in subsection (2), for “identified” substitute “relevant”,

(b) in subsection (3)(c), for “24(3)” substitute “24(2) and (4)”,

(c) after subsection (4) insert—

“(5) In subsection (2), “relevant needs” means identified needs other than any need for support to enable carers to take sufficient breaks that is identified by virtue of section 8(4) or 14(4).”.

(8) In section 24 (duty to provide support)—

(a) in subsection (1)(a), for the words from “section” to “caring” substitute “this section in order to enable the carer to take a break”,

(b) in subsection (2), for “eligible needs” substitute “relevant needs that meet the local eligibility criteria”,

(c) subsection (3) is repealed,

(d) in subsection (4)—

(i) in paragraph (a), for “the carer’s eligible needs” substitute “any relevant needs of the carer that meet the local eligibility criteria”,

(ii) in paragraph (b), for “the carer’s other identified needs” substitute “any relevant needs of the carer that do not meet the local eligibility criteria”,

(e) after subsection (4) insert—

“(4A) The responsible local authority must also provide support to the carer to meet any need for support to enable the carer to take sufficient breaks that is identified by virtue of section 8(4) or 14(4).”,

(f) in subsection (5)—

(i) in the opening words, for “Subsection (4)(a) applies” substitute “Subsections (4)(a) and (4A) apply”,

(ii) in paragraph (a), for “eligible needs” substitute “identified needs in question”,

(iii) in paragraph (b), for “eligible needs” substitute “identified needs in question”,

(g) in subsection (6), for the words from “the”, in the first place where it occurs, to the end substitute ““relevant needs”, in relation to a carer, means the carer’s identified needs other than any need for support to enable the carer to take sufficient breaks that is identified by virtue of section 8(4) or 14(4)”.

(9) In section 25 (provision of support to carers: breaks from caring)—

(a) subsection (1) is repealed,

(b) for subsection (2) substitute—

“(2) The Scottish Ministers must by regulations make further provision in connection with the support to be provided to a carer under section 24(4A).

(2A) Regulations under subsection (2) may in particular make provision about—

(a) the meaning of any reference to sufficient breaks in this Act, which must take account of a carer’s need to have time for rest and leisure,

(b) standards or criteria in relation to the sufficiency of such breaks (including the nature, frequency or duration of breaks),

(c) forms of support that may enable a carer to take such breaks,

(d) where the support is the provision of care for the cared-for person, the role of the cared-for person in relation to how the care is provided.”,

(c) in subsection (3), for “by virtue of subsection (1)” substitute “under section 24(4A)”,

(d) in subsection (4)—

(i) for “by virtue of subsection (1)” substitute “under section 24(4A)”,

(ii) the words “from caring” are repealed,

(e) in subsection (5), for “as a break from caring” substitute “to enable a carer to take a break”.

(10) In section 31 (duty to prepare local carer strategy)—

(a) after subsection (2)(h) insert—

“(ha) plans to promote a variety of providers of support to relevant carers and to promote the variety of support provided,”,

(b) after subsection (2) insert—

“(2A) In subsection (2), references to support to relevant carers include references to support to enable carers to take a break.”.

(11) After section 41(2) (interpretation) insert—

“(3) In this Act references to a carer taking a break (however expressed) are references to the carer taking a break, either with or without the cared-for person, which entails—

(a) taking a break from providing any form of care to the cared-for person, or

(b) taking a break from the carer’s normal routine of providing care to the cared-for person by (either or both)—

(i) limiting the nature, extent, intensity, or duration of the care provided,

(ii) changing the circumstances (including the location) in which the care is provided.”.

(12) The Social Care (Self-directed Support) (Scotland) Act 2013 is modified by subsection (13).

(13) In section 7(1) (choice of options: adult carers and young carers), after “24(4)” insert “or (4A)”.

(14) The Social Work (Scotland) Act 1968 is modified by subsection (15).

(15) In section 87 (charges that may be made for services and accommodation)—

(a) in subsection (1), after “24(4)” insert “or (4A)”,

(b) in subsection (1A)(a), after “24(4)” insert “or (4A)”.

Commencement Information

I1 S. 8 not in force at Royal Assent, see s. 39(2)

9 Adult carer support plan S

(1) The Carers (Scotland) Act 2016 is modified as follows.

(2) After section 6(5) (duty to prepare adult carer support plan) insert—

“(5A) The Scottish Ministers must by regulations prescribe timescales for the preparation of adult carer support plans.”.

(3) Section 7 is repealed.

(4) In section 41(1) (interpretation), the definition of “terminally ill” is repealed.

(5) In section 42(2) (regulations), paragraph (b) is repealed.

Commencement Information

I2 S. 9 not in force at Royal Assent, see s. 39(2)

I3 S. 9(1)(2) in force at 7.1.2026 by S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1

10 Young carer statement S

(1) The Carers (Scotland) Act 2016 is modified as follows.

(2) After section 12(7) (duty to prepare young carer statement) insert—

“(7A) The Scottish Ministers must by regulations prescribe timescales for the preparation of young carer statements.”.

(3) Section 13 is repealed.

(4) In section 42(2) (regulations), paragraph (d) is repealed.

Commencement Information

I4 S. 10 not in force at Royal Assent, see s. 39(2)

I5 S. 10(1)(2) in force at 7.1.2026 by S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1

11 Minor modifications in relation to carers S

(1) The Carers (Scotland) Act 2016 is modified by subsections (2) and (3).

(2) Sections 6(6) and 12(8) are repealed.

(3) In section 41(1), the definition of “named person” is repealed.

(4) The Social Care (Self-directed Support) (Scotland) Act 2013 is modified by subsection (5).

(5) In section 7(1), the words “an adult” in the first place where they occur are repealed.

Commencement Information

I6 S. 11 not in force at Royal Assent, see s. 39(2)

I7 S. 11 in force at 7.1.2026 by S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1

Prospective

12 Short break services statement S

(1) The Carers (Scotland) Act 2016 is modified as follows.

(2) After section 35(2) (short breaks services statements) insert—

“(2A) A short breaks services statement must include information about—

(a) how the local authority will ensure there is sufficient availability and variety in short break provision in its area to meet the identified needs of carers,

(b) short break provision that is available in the local authority’s area—

(i) during the day (at home or away from home),

(ii) overnight (at home or away from home),

(iii) at weekends,

(iv) outwith term time,

(v) for planned and unplanned short breaks,

(c) how the local authority can adapt short break provision depending on the individual needs of the carer.”.

Commencement Information

I8 S. 12 not in force at Royal Assent, see s. 39(2)

13 Promotion of support for carers S

(1) The Carers (Scotland) Act 2016 is modified as follows.

(2) After section 26 insert—

“Chapter 3 S Duty to promote take-up of support by carers

26A Duty to promote take-up

(1) A specified relevant body, in the exercise of its functions, must—

(a) consider if a carer may be eligible to receive financial or other support from another relevant body, and

(b) take such steps as it considers appropriate to promote take-up of that financial or other support to the carer.

(2) The Scottish Ministers must by regulations specify the relevant bodies to which subsection (1) applies.

(3) The Scottish Ministers may by regulations make further provision in relation to the duty under subsection (1), including—

(a) a process for a relevant body to identify a carer’s eligibility to receive support,

(b) a process for information to be shared between specified relevant bodies about a carer to promote take-up of financial or other support,

(c) such other provision as the Scottish Ministers consider appropriate.

(4) Regulations under this section are subject to the affirmative procedure.”.

Commencement Information

I9 S. 13 not in force at Royal Assent, see s. 39(2)

I10 S. 13 in force at 7.1.2026 by S.S.I. 2025/388, reg. 2(1)(2), sch. Pt. 1