{
  "url": "https://openlegislation.uk/community-care-and-health-scotland-act-2002/section-22",
  "json_url": "https://openlegislation.uk/community-care-and-health-scotland-act-2002/section-22.json",
  "legislation": "asp/2002/5",
  "legislation_title": "Community Care and Health (Scotland) Act 2002",
  "legislation_url": "https://openlegislation.uk/community-care-and-health-scotland-act-2002",
  "path": "section/22",
  "kind": "section",
  "number": "22",
  "heading": "Interpretation",
  "text": "(1) In this Act—\n“the 1948 Act” means the National Assistance Act 1948 (c.29);\n“the 1968 Act” means the Social Work (Scotland) Act 1968 (c.49);\n“the 1978 Act” means the National Health Service (Scotland) Act 1978 (c.29);\n...\n“the 1995 Act” means the Children (Scotland) Act 1995 (c.36);\n“the 2003 Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);\n“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39);\n“NHS body” means—\n(a)a Health Board, constituted by order made under section 2(1)(a) of the 1978 Act;\n(b)a Special Health Board, constituted by order made under section 2(1)(b) of that Act;\n(c)a National Health Service trust, established by order made under section 12A(1) of that Act; ...\n(d)the Common Services Agency, constituted by section 10(1) of that Act;or\n(e)Healthcare Improvement Scotland, established by section 10A(1) of that Act;\n“prescribed” means prescribed by regulations made by the Scottish Ministers; and\n“social care” means, subject to subsection (2) below, a service provided—\n(a)under the 1968 Act; or\n(b) under 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\nto an individual by a local authority or a service the provision of which to an individual, under the 1968 Act or any of those sections, is secured by a local authority.\n(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).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words repealed",
      "affecting": "asp/2004/7",
      "affecting_title": "National Health Service Reform (Scotland) Act 2004"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2002/5/section/22",
    "retrieved_at": "2026-10-29T20:17:06.261823+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}