Carers (Recognition and Services) Act 1995 in Scotland

1995 c. 12 · Enacted 28 June 1995 · Extends to England, Wales and Scotland

An Act to provide for the assessment of the ability of carers to provide care; and for connected purposes.

[28th June 1995]

C1 I1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations to the whole text

Modifications

C1: Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement

I1: Act wholly in force at 1.4.1996, see s. 5(2)

2Assessment of ability of carers to provide care: Scotland.
4Financial provision.
5Short title, commencement and extent.

2Assessment of ability of carers to provide care: Scotland. S

(1)

Section 12A of the M1Social Work (Scotland) Act 1968 (duty of local authority to assess needs for certain services) shall be amended as follows.

(2)

After subsection (3) there shall be inserted—

“(3A)
Subject to subsection (3B) below, in any case where—
(a)
a local authority make an assessment of the needs of any person (“the relevant person”) under subsection (1)(a) above, and
(b)
a person (“the carer”) provides or intends to provide a substantial amount of care on a regular basis for the relevant person,
the carer may request the local authority, before they make their decision under subsection (1)(b) above, to make an assessment of his ability to provide and to continue to provide care for the relevant person; and if he makes such a request, the local authority shall make such an assessment and shall have regard to the results of that assessment in making that decision.
(3B)
No request may be made under subsection (3A) above by a person who provides or will provide the care in question—
(a)
by virtue of a contract of employment or other contract; or
(b)
as a volunteer for a voluntary organisation.
(3C)
Section 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (duty of local authority to take into account ability of carers) shall not apply in any case where an assessment is made under subsection (3A) above in respect of a person who provides the care in question for a disabled person.”.

(3)

In subsection (8), after the definition of “medical practitioner” there shall be inserted—

““person” means a natural person.”.

4Financial provision.

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

5Short title, commencement and extent.

(1)

This Act may be cited as the Carers (Recognition and Services) Act 1995.

(2)

This Act shall come into force on 1st April 1996.

(3)

Sections 1 and 3 do not extend to Scotland.

(4)

Section 2 does not extend to England and Wales.

(5)

This Act does not extend to Northern Ireland.