Prospective
(1)Care experience advocacy services are not independent for the purposes of section 8(1) if they are provided—
(a)by a person mentioned in subsection (2), or
(b)by an individual who provides or otherwise makes decisions in relation to the care or assistance to which a care-experienced person’s use of care experience advocacy services relates.
(2)The persons are—
(a)a local authority,
(b)a health board,
(c)where the care or assistance to which a care-experienced person’s use of care experience advocacy services relates is provided by—
(i)a local authority, a member of the local authority,
(ii)a health board, a member of the health board,
by which the care or assistance is or may be provided,
(d)where the person to whom the care experience advocacy services are made available is, or was, placed in residential or secure care, a person who provides care services under a contract or other arrangement with a local authority in the local authority area where the care-experienced person is or was placed.
(3)For the purposes of this section, care experience advocacy services provided by a person under a contract or other arrangement with a local authority or health board are not to be regarded as provided by the local authority or, as the case may be, health board.
(4)The Scottish Ministers may by regulations specify—
(a)additional criteria that must be met, in relation to particular circumstances in or in relation to which care experience advocacy services are to be provided, in order for the services to be regarded as independent for the purpose of section 8(1),
(b)circumstances in or in relation to which, and criteria in accordance with which (if met), care experience advocacy services provided by a person mentioned in subsection (2) may, despite subsection (1), be regarded as independent for the purposes of section 8(1).
Commencement Information
I1S. 9 not in force at Royal Assent, see s. 70(2)