Part 2 Reforms connected to delivery and regulation of care

Chapter 2 Ministerial regulation-making functions

Delivery of care

26 Continuity of services for persons who have a disability
(1) The Scottish Ministers must, by regulations, make provision so that where—
(a) a person who has a disability moves home, causing the person’s only or principal home to cease to be in the area of one local authority (“authority A”) and come to be in the area of another (“authority B”), and
(b) authority A was, immediately before that move, providing a community care service to the person,
authority B is under a duty to provide the person with a service that is at least equivalent to that which was being provided to the person by authority A immediately prior to the person’s moving home.
(2) Under subsection (1) provision may be made—
(a) making the imposition of the duty described by that subsection depend on certain conditions being met (including, for example, conditions concerning notice being given to the local authorities concerned prior to a person moving home),
(b) specifying the duration of that duty,
(c) transferring some or all of the cost of complying with that duty from one local authority to another,
(d) about determining—
(i) what is to be treated as a person’s only or principal home,
(ii) what constitutes equivalence in relation to social care services,
(e) disapplying or modifying any enactment so far as the Scottish Ministers consider that appropriate for the purpose of fulfilling their duty under subsection (1).
(3) In this section—
“community care service” is to be construed in accordance with section 12A(8) of the Social Work (Scotland) Act 1968,
“moves home” includes doing anything that causes a change in which property falls to be treated as a person’s only or principal home,
“person who has a disability” means a disabled person as defined by section 16 of the Disabled Persons (Services, Consultation and Representation) Act 1986.

S. 26 not in force at Royal Assent, see s. 39(2)