Part 2 S Reforms connected to delivery and regulation of care

Prospective

Chapter 2 S Ministerial regulation-making functions

Delivery of care S

27 Timescales for assessment of persons who have a terminal illness S

(1) The Scottish Ministers must, by regulations, prescribe a timescale for carrying out in relation to a person who has a terminal illness—

(a) a first assessment of needs under section 12A of the Social Work (Scotland) Act 1968, and

(b) subsequent assessments of need under that section, recognising the importance of support being increased expeditiously as a terminal illness progresses.

(2) For the purposes of subsection (1), a person has a terminal illness if, having had regard to the relevant guidance, it is the clinical judgement of an appropriate healthcare professional that the person has a progressive disease that can reasonably be expected to cause the individual’s death.

(3) In this section—

• “appropriate healthcare professional” has the meaning given to that expression by regulations under section 31(2) of the Social Security (Scotland) Act 2018,

• “relevant guidance” means the latest guidance made publicly available in accordance with paragraph 1(3) of schedule 5 of that Act.

Commencement Information

I1 S. 27 not in force at Royal Assent, see s. 39(2)