# The Community Care (Joint Working etc.) (Scotland) Amendment Regulations 2012, Schedule


“SCHEDULE 5
LOCAL AUTHORITY SERVICES PRESCRIBED FOR JOINT WORKING UNDER SECTION 15 OF THE ACT
Regulation 4
1. (1) The functions of local authorities under the enactments specified in sub-paragraph (2) are prescribed for the purposes of—
(a) delegation to an NHS body; and
(b) use in conjunction with functions which have been delegated to an authority by an NHS body.
(2) Those enactments are—
(a) section 48 of the National Assistance Act 1948;
(b) section 3 of the Disabled Persons (Employment) Act 1958;
(c) sections 4, 5A, 5B, 12, 12A, 12AA, 12AB, 12B, 12C, 13, 13ZA, 13A, 13B, 14, 27, 27ZA, 28, 29 and 59 of the 1968 Act;
(d) sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970;
(e) sections 22 and 23 of the Health and Social Services and Social Security Adjudications Act 1983;
(f) sections 3, 4, 7 and 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986;
(g) sections 1 to 8 of Part I, Part II and Part XIII of the Housing (Scotland) Act 1987;
(h) Part II of the Children (Scotland) Act 1995;
(i) Part 1 of the Housing (Scotland) Act 2001;
(j) section 6 of the Act;
(k) sections 25, 26, 27 and 33 of the Mental Health (Care and Treatment) (Scotland) Act 2003;
(l) Part 1 of the Adult Support and Protection (Scotland) Act 2007.
2. Section 87 of the 1968 Act is prescribed for the purpose of delegation to an NHS body but only for the purpose of recovering a charge for any function which has been delegated to an NHS body by a local authority.
3. The functions of local authorities under the following enactments are prescribed only for the purpose of use in conjunction with functions which have been delegated to an authority by an NHS body—
(a) section 11 of the Matrimonial Proceedings (Children) Act 1958;
(b) sections 1 and 6B of the 1968 Act;
(c) section 50 of the Children Act 1975;
(d) sections 1, 4 and 125A of the Education (Scotland) Act 1980;
(e) the Foster Children (Scotland) Act 1984;
(f) sections 203 and 245A(11A) of the Criminal Procedure (Scotland) Act 1995;
(g) sections 2A and 34 of the Standards in Scotland’s Schools etc. Act 2000;
(h) the Antisocial Behaviour etc. (Scotland) Act 2004;
(i) the Education (Additional Support for Learning) (Scotland) Act 2004;
(j) the Adoption and Children (Scotland) Act 2007.
SCHEDULE 6
NHS FUNCTIONS PRESCRIBED FOR JOINT WORKING UNDER SECTION 15 OF THE ACT
Regulation 5(1)
1. (1) The functions of NHS bodies under the enactments specified in sub-paragraph (2) are prescribed for the purposes of—
(a) delegation to a local authority; and
(b) being used in conjunction with functions which have been delegated to an NHS body by a local authority.
(2) Those enactments are—
(a) sections 2A, 13, 16, 16A, 16B, 25(1), 26(1), 27(1), 36, 37, 38, 38A, 38B, 39, 40, 41, 42 and 45 of the 1978 Act;
(b) sections 21 and 36 of the Children (Scotland) Act 1995;
(c) sections 23 and 24 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
2. Section 98 of the 1978 Act is prescribed for the purpose of delegation to a local authority but only for the purpose of recovering a charge for any function which has been delegated to a local authority by a NHS body.
3. The functions of NHS bodies under the following enactments are prescribed only for the purpose of being used in conjunction with functions which have been delegated to an NHS body by a local authority—
(a) section 2C, 17I, 43, and 64 of the 1978 Act;
(b) section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986;
(c) sections 40, 42 and 45 of the Adults with Incapacity (Scotland) Act 2000;
(d) the Public Health etc. (Scotland) Act 2008.”

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Source: https://www.legislation.gov.uk/ssi/2012/65/schedule (the official version)
Page: https://openlegislation.uk/community-care-joint-working-etc-scotland-amendment-regulations-2012/schedule
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.