Regulation 1 Citation, commencement, interpretation and extent

These Regulations may be cited as the Community Care (Direct Payments) (Scotland) Regulations 2003 and shall come into force on 1st June 2003.

In these Regulations–

• “the Act” means the Social Work (Scotland) Act 1968;

• “the 1983 Act” means the Mental Health Act 1983^f1;

• “the 1984 Act” means the Mental Health (Scotland) Act 1984^f2;

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995^f3;

• “the 1997 Regulations” means the Community Care (Direct Payments) (Scotland) Regulations 1997^f4;

• “the 2000 Act” means the Adults with Incapacity (Scotland) Act 2000^f5;

• “attorney” means a person in respect of whom a beneficiary has made a continuing power of attorney within the meaning of section 15(1) of the 2000 Act or who has become a continuing attorney by virtue of section 88(1) of, and paragraph 4 of Schedule 4 to, the 2000 Act and who has power to deal with a direct payment on behalf of the beneficiary;

• “beneficiary” means a person to whom a local authority owes a duty under section 12B(1) of the Act to make a direct payment in respect of securing the provision of a service mentioned in section 12B(1)(a)(i) or (ii) of that Act;

• “direct payment” means a payment under section 12B(1) of the Act;

• “guardian” means a person who has become a guardian by virtue of an order made under section 58 of the 2000 Act, or by virtue of section 88(1) of, and paragraph 1 of Schedule 4 to, the 2000 Act, and who has power to deal with a direct payment on behalf of the beneficiary.

These Regulations extend to Scotland only.