The Public Bodies (Joint Working) (Scotland) Act 2014 (Consequential Modifications) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Protection of Vulnerable Groups (Scotland) Act 2007 (“the 2007 Act”) in consequence of the Public Bodies (Joint Working) (Scotland) Act (“the 2014 Act”).

The 2014 Act makes provision to require Health Boards and local authorities to enter into joint working arrangements for the purpose of integrating the provision of health and social care services. As part of those arrangements, and as set out in an integration scheme prepared for each local authority area under section 1 or 2 of the 2014 Act, certain statutory functions will be delegated by the Health Board or local authority, or by both of them. Amendments are made by this Order in consequence of those provisions of section 1, 9 and 15 of the 2014 Act which provide for the delegation of functions by Health Boards and local authorities.

Article 2 of this Order amends section 94 of, and schedules 2 and 3 to, the 2007 Act so that, references to the provision of a service by a local authority or Health Board are updated to include the circumstances where the statutory functions relating to the service have been delegated for the purpose of joint working arrangements under the 2014 Act. Article 3 of this Order makes a similar amendment to the Protection of Vulnerable Groups (Scotland) Act 2007 (Prescribed Services) (Protected Adults) Regulations 2010.