The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014

Made27th March 2014

Coming into force1st April 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 26(1) and 27(1) of the Social Care (Self-directed Support) (Scotland) Act 20131 and all other powers enabling them to do so.

In accordance with section 26(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement1

This Order may be cited as the Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 and comes into force on 1st April 2014.

Consequential modifications2

1

The enactments mentioned in the first column of the table in Part 1 of the Schedule are repealed to the extent specified in the second column of that table.

2

The enactments mentioned in the first column of the table in Part 2 of the Schedule are revoked to the extent specified in the second column of that table.

3

The provisions of the enactments mentioned in the first and second columns of the table in Part 3 of the Schedule are amended to the extent specified in the third column of that table.

Saving provision3

The modifications in article 2 of this Order do not have effect in respect of any payment made under section 12B of the Social Work (Scotland) Act 19682 after this Order comes into force.

MICHAEL MATHESONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh27th March 2014

SCHEDULEConsequential modifications

Article 2

PART 1Repeals

Enactment	Extent of repeal
Community Care (Direct Payments) Act 19963 Regulation of Care (Scotland) Act 20014	Section 4 Section 70
Community Care and Health (Scotland) Act 20025	Section 7 and paragraph 1(2) and (3) of schedule 2
Adult Support and Protection (Scotland) Act 20076	Section 63

Enactment

Extent of repeal

Community Care (Direct Payments) Act 19963

Regulation of Care (Scotland) Act 20014

Section 4

Section 70

Community Care and Health (Scotland) Act 20025

Section 7 and paragraph 1(2) and (3) of schedule 2

Adult Support and Protection (Scotland) Act 20076

Section 63

PART 2Revocations

Enactment	Extent of revocation
The Community Care (Direct Payments) (Scotland) Regulations 20037	The whole instrument
The Community Care (Direct Payments) (Scotland) Amendment Regulations 20058	The whole instrument
The Community Care (Direct Payments) (Scotland) Amendment Regulations 20079	The whole instrument

PART 3Amendments

Enactment	Provision in enactment to be amended	Amendment
Primary Legislation
Protection of Vulnerable Groups (Scotland) Act 200710	Section 94(4), in the definition of “direct payment”	For “means a payment made under section 12B of that Act” substitute “has the same meaning as in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
Social Work (Scotland) Act 1968	Section 86(1)(ba)11	In paragraph (ba), for the words from “payment” to “service” substitute “direct payment under the Social Care (Self-directed Support) (Scotland) Act 2013 for the purpose of arranging for the provision of support within the meaning of section 5 or 8 of that Act”.
Secondary Legislation
The Children’s Legal Assistance (Scotland) Regulations 201312	Paragraph 8(b) of Schedule 2	For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 201213	Paragraph 29 of Schedule 4	For “under section 12B of the Social Work (Scotland) Act 1968 (direct payments in respect of community care services)” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
The Council Tax Reduction (Scotland) Regulations 201214	Paragraph 57 of Schedule 4	For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self- directed Support) (Scotland) Act 2013”.
	Paragraph 62 of Schedule 5	(i) omit “section 12B of the Social Work (Scotland) Act 1968,”; and
	Paragraph 62 of Schedule 5	(ii) after “health care)” insert “or as a direct payment as defined in section 4(2) of the Social Care (Self- directed Support) (Scotland) Act 201315”.
The Community Care (Joint Working etc.) (Scotland) Regulations 200216	Paragraph 1 of Schedule 1, paragraph 1 of Schedule 3 and paragraph 1(2)(c) of Schedule 5	Omit “12B, 12C,”.
The Civil Legal Aid (Scotland) Regulations 200217	Regulation 33(a)(x), paragraph 5(d) of Schedule 2 and paragraph 8(c) of Schedule 3	For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
The National Assistance (Assessment of Resources) Regulations 199218	Paragraph 28I(1) of Schedule 3	For “under section 12B (direct payments in respect of community care services) of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
	Paragraph 23(1) of Schedule 4	For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
The Advice and Assistance (Scotland) Regulations 199619	Regulation 16(2)(i) and paragraph 5(ba) of Schedule 2	For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes modifications in consequence of the Social Care (Self-directed Support) (Scotland) Act 2013 (“the 2013 Act”).

Section 25 of the 2013 Act repeals section 12B of the Social Work (Scotland) Act 1968 (“the 1968 Act”) which make provision in relation to direct payments in respect of community care services. New provision for direct payments is made in the 2013 Act.

Article 2 and the Schedule repeal, revoke and amend enactments contained in primary and secondary legislation in consequence on the repeal of section 12B of the 1968 Act and the new provision for direct payments in the 2013 Act.

Article 3 contains a saving provision so that the enactments specified in the Schedule continue to apply without modification in relation to any payments which are made under section 12B of the 1968 Act after 1st April 2014.