The Carers (Scotland) Act 2016 (Commencement No. 2 and Savings Provision) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force various provisions of the Carers (Scotland) Act 2016 (“the Act”).

Regulation 2 appoints 31st May 2017 as the day for the coming into force of the following provisions of the Act: sections 1(3)(a); 22(2) and (3); 25(2)(a) and 35(4) for the limited purpose of enabling regulations to be made and also sections 10,16 and 26.

Regulation 3 appoints 1st October 2017 as the day for the coming into force of the following provisions of the Act: section 1 so far as not already in force, and sections 2; 3; 4; 5; 21; 22(1); 22(2) so far as not already force, and 37.

To the extent that it is not already in force, Regulation 4 appoints 1st April 2018 as the day for the coming into force of the Act for all purposes.

Regulation 5 makes a savings provision in relation to persons who are in receipt of support under section 3(4) of the Social Care (Self-directed Support) (Scotland) Act 2013 (“the 2013 Act”) before 1st April 2018. Regulation 5 requires section 87(1) and (1A) to be read as if the reference to section 3(4) of the 2013 Act in each of those subsections has not been substituted for the reference to section 24(4) of the Act. This is to ensure that support which is provided before 1st April 2018 to carers under section 3(4) of the 2013 Act continues to be chargeable.

The Bill for the Act received Royal Assent on 9th March 2016. Sections 41, 42, 43, 45 and 46 came into force on the day after Royal Assent.