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Section 22 Interpretation

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

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—

    1. (a)

      a Health Board, constituted by order made under section 2(1)(a) of the 1978 Act;

    2. (b)

      a Special Health Board, constituted by order made under section 2(1)(b) of that Act;

    3. (c)

      a National Health Service trust, established by order made under section 12A(1) of that Act; F3...

    4. (d)

      the Common Services Agency, constituted by section 10(1) of that Act;F4or

    5. (e)

      Healthcare Improvement Scotland, established by section 10A(1) of that Act;

  • “prescribed” means prescribed by regulations made by the Scottish Ministers; and

  • “social care” means, subject to subsection (2) below, a service provided—

    1. (a)

      under the 1968 Act; or

    2. (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.

(2)

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Words in s. 22(1) repealed (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 28(2)(b)(i), 333(2); S.S.I. 2005/161, art. 3 (as substituted (1.7.2005) by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)