Section 22 Interpretation
Scotland
In this Act—
“the 1948 Act” means the National Assistance Act 1948 (c.29);
“the 1968 Act” means the Social Work (Scotland) Act 1968 (c.49);
“the 1978 Act” means the National Health Service (Scotland) Act 1978 (c.29);
F1...
“the 1995 Act” means the Children (Scotland) Act 1995 (c.36);
F2“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);
“NHS body” means—
- (a)
a Health Board, constituted by order made under section 2(1)(a) of the 1978 Act;
- (b)
a Special Health Board, constituted by order made under section 2(1)(b) of that Act;
- (c)
a National Health Service trust, established by order made under section 12A(1) of that Act; F3...
- (d)
the Common Services Agency, constituted by section 10(1) of that Act;F4or
- (e)
Healthcare Improvement Scotland, established by section 10A(1) of that Act;
- (a)
“prescribed” means prescribed by regulations made by the Scottish Ministers; and
“social care” means, subject to subsection (2) below, a service provided—
- (a)
under the 1968 Act; or
- (b)
F5under section 25 (care and support services for persons who have or have had a mental disorder), 26 (services designed to promote well-being and social development of such persons) or 27 (assistance with travel in connection with such services) of the 2003 Act
to an individual by a local authority or a service the provision of which to an individual, under the 1968 Act or F6 any of those sections, is secured by a local authority.
- (a)
In this Act, “social care” does not include a service which (or so much of a service as) consists of the provision of accommodation; but in the definition of the expression in subsection (1) above, the references to a service being provided are to the provision of any other form of assistance (including, without prejudice to that generality, the provision of advice, guidance or a material thing).
Annotations
Textual amendments
- F1
Words in s. 22(1) repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(2)(b)(i), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
- F2
Words in s. 22(1) inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(2)(b)(ii), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
- F3
Word in s. 22(1) omitted (1.4.2011) by virtue of The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 6(a)
- F4
Words in s. 22(1) inserted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 6(b)
- F5
Words in s. 22(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(2)(b)(iii), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)
- F6
Word in s. 22(1) substituted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(2)(b)(iv), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by S.S.I. 2005/375, art. 2 and as amended (22.9.2005) by S.S.I. 2005/459, art. 2)