The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014
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The enactments mentioned in the first column of the table in Part 1 of the Schedule are repealed to the extent specified in the second column of that table.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.
St Andrew’s House,
Edinburgh
SCHEDULEConsequential modifications
PART 1Repeals
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 | |
(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”. |
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.