Community Care and Health (Scotland) Act 2002 Explanatory Notes

1. Introduction

2. Summary and Background

3. Terminology

4. 1. Part 1 – Community Care

      1. Charging and not charging for social care

         1. Section 1 - Regulations as respects charging and not charging for social care

      2. Accommodation

         1. Section 2 - Accommodation provided under 1968 Act etc.

         2. Section 3 - Disregarding of resources when determining whether to make available assistance by providing residential accommodation

         3. Section 4 - Accommodation more expensive than usually provided

         4. Section 5 - Local authority arrangements for residential accommodation outwith Scotland

         5. Section 6 - Deferred payment of accommodation costs

      3. Direct payments

         1. Section 7 - Direct payments

      4. Carers

         1. Section 8 – Amendment of 1968 Act: matters to be taken account of in assessment of needs

         2. Section 9 - Amendment of 1968 Act: assessment of ability to provide care etc.

         3. Section 10 – Amendment of the 1995 Act: matters to be taken into account in assessment of needs of child affected by disability

         4. Section 11 - Amendment of  1995 Act: assessment of ability to provide care for disabled child etc.

         5. Section 12 – Carer information strategies

   2. Part 2 – Joint Working, Etc.

      1. Section 13 - Payments by NHS bodies towards certain local authority expenditure

      2. Section 14 - Payments by local authorities towards expenditure by NHS bodies on prescribed functions

      3. Section 15 - Delegation etc. between local authorities and NHS bodies

      4. Section 16 - Transfer of staff

      5. Section 17 - Scottish Ministers’ power to require delegation etc. between local authorities and NHS bodies

   3. Part 3 – Health

      1. Health Boards’ lists

         1. Section 18 - Services lists and supplementary lists

         2. Section 19 - Representations against preferential treatment

      2. Miscellaneous

         1. Section 20 - Amendment of Road Traffic Act 1988 and Road Traffic (NHS Charges) Act 1999: payment for treatment of traffic casualties

         2. Section 21 - Amendment of 1978 Act: schemes for meeting losses and liabilities etc. of certain health bodies

   4. Part 4 – General

      1. Section 22 – Interpretation

      2. Section 25 - Minor and consequential amendments and repeals

      3. Section 26 - Guidance and directions

      4. Section 27 - Short title and commencement

   5. Schedule 1 - Social care not ordinarily charged for

   6. Schedule 2 – Minor and consequential amendments and repeals

      1. Paragraph 1 – Social Work (Scotland) Act 1968 (c.49)

      2. Paragraph 2 – National Health Service (Scotland) Act 1978 (c.29)

      3. Paragraph 3 – National Health Service (Primary Care) Act 1997 (c.46)

      4. Paragraph 4 –Health Act 1999 (c.8)

5. Parliamentary History of Community Care & Health (Scotland) Act 2002