{
  "url": "https://openlegislation.uk/community-care-direct-payments-scotland-amendment-regulations-2005/note",
  "json_url": "https://openlegislation.uk/community-care-direct-payments-scotland-amendment-regulations-2005/note.json",
  "legislation": "ssi/2005/114",
  "legislation_title": "The Community Care (Direct Payments) (Scotland) Amendment Regulations 2005",
  "legislation_url": "https://openlegislation.uk/community-care-direct-payments-scotland-amendment-regulations-2005",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations are made under sections 12B(1)(b) and 90(3) of the Social Work (Scotland) Act 1968 (“the 1968 Act”). Section 12B was originally inserted into the 1968 Act by section 4 of the Community Care (Direct Payments) Act 1996. Section 12B was amended by section 70 of the Regulation of Care (Scotland) Act 2001 and section 7 of, and paragraph 1 of Schedule 2 to, the Community Care and Health (Scotland) Act 2002.\nSection 12B(1) of the 1968 Act requires a local authority to make direct payments to any person in respect of securing the provision of certain services, where that person consents, or consent is given on their behalf, unless that person is excluded from receiving direct payments.\nThe Community Care (Direct Payments) (Scotland) Regulations 2003 (S.S.I. 2003/243) (“the 2003 Regulations”) among other things specify the description of persons who are excluded from receiving direct payments.\nThese Regulations amend the 2003 Regulations to make all persons aged 65 or over who need care and attention arising out of infirmity or age eligible to receive direct payments subject to the other exclusions specified in regulation 2(b) to (p) of the 2003 Regulations (regulation 2(2)).\nNo regulatory impact assessment has been made in relation to these Regulations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2005/114/note",
    "retrieved_at": "2026-10-28T22:27:12.274805+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."
}