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The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2014, ISBN 9780111022665

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 26(3) of the Social Care (Self-directed Support) (Scotland) Act 2013 for approval by resolution of the Scottish Parliament.

Social Care

Made 2014

Coming into force 1st April 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 22(1)(b) and 26(1) of the Social Care (Self-directed Support) (Scotland) Act 2013f1 and all other powers enabling them to do so.

In accordance with section 26(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

2013 asp 1.

Contents

  1. 1Citation and commencement
  2. 2Consequential modifications
  3. 3Saving provision
  4. Signature
  5. Schedule: Consequential modifications
  6. 1Repeals
  7. 2Revocations
  8. 3Amendments
  9. Explanatory note

1Citation and commencement

This Order may be cited as the Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 and comes into force on 1st April 2014.

2Consequential modifications

(1)

The enactments mentioned in the first column of the table in Part 1 of the Schedule are repealed to the extent specified in the second column of that table.

(2)

The enactments mentioned in the first column of the table in Part 2 of the Schedule are revoked to the extent specified in the second column of that table.

(3)

The provisions of the enactments mentioned in the first and second columns of the table in Part 3 of the Schedule are amended to the extent specified in the third column of that table.

3Saving provision

The modifications in article 2 of this Order do not have effect in respect of any payment made under section 12B of the Social Work (Scotland) Act 1968f1 after this Order comes into force.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

1Repeals

EnactmentExtent of repeal
Community Care (Direct Payments) Act 1996f1Section 4
Regulation of Care (Scotland) Act 2001f2Section 70
Community Care and Health (Scotland) Act 2002f3Section 7 and paragraph 1(2) and (3) of schedule 2
Adult Support and Protection (Scotland) Act 2007f4Section 63

2Revocations

EnactmentExtent of revocation
The Community Care (Direct Payments) (Scotland) Regulations 2003f1The whole instrument
The Community Care (Direct Payments) (Scotland) Amendment Regulations 2005f2The whole instrument
The Community Care (Direct Payments) (Scotland) Amendment Regulations 2007f3The whole instrument

3Amendments

EnactmentProvision in enactment to be amendedAmendment
Primary Legislation
Protection of Vulnerable Groups (Scotland) Act 2007f1Section 94(4), in the definition of “direct payment”For “means a payment made under section 12B of that Act” substitute “has the same meaning as in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
Social Work (Scotland) Act 1968Section 86(1)(ba)f2In paragraph (ba), for the words from “payment” to “service” substitute “direct payment under the Social Care (Self-directed Support) (Scotland) Act 2013 for the purpose of arranging for the provision of support within the meaning of section 5 or 8 of that Act”.
Secondary Legislation
The Children’s Legal Assistance (Scotland) Regulations 2013f3Paragraph 8(b) of Schedule 2For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012f4Paragraph 29 of Schedule 4For “under section 12B of the Social Work (Scotland) Act 1968 (direct payments in respect of community care services)” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
The Council Tax Reduction (Scotland) Regulations 2012f5Paragraph 57 of Schedule 4For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self- directed Support) (Scotland) Act 2013”.
Paragraph 62 of Schedule 5
  1. (i)

    omit “section 12B of the Social Work (Scotland) Act 1968,”; and

  1. (ii)

    after “health care)” insert “or as a direct payment as defined in section 4(2) of the Social Care (Self- directed Support) (Scotland) Act 2013f6”.

The Community Care (Joint Working etc.) (Scotland) Regulations 2002f7Paragraph 1 of Schedule 1, paragraph 1 of Schedule 3 and paragraph 1(2)(c) of Schedule 5Omit “12B, 12C,”.

The Civil Legal Aid (Scotland) Regulations 2002f8

Regulation 33(a)(x), paragraph 5(d) of Schedule 2 and paragraph 8(c) of Schedule 3For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
The National Assistance (Assessment of Resources) Regulations 1992f9Paragraph 28I(1) of Schedule 3For “under section 12B (direct payments in respect of community care services) of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.
Paragraph 23(1) of Schedule 4For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

The Advice and Assistance (Scotland) Regulations 1996f10

Regulation 16(2)(i) and paragraph 5(ba) of Schedule 2For “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Explanatory note

(This note is not part of the Order)

This Order makes modifications in consequence of the Social Care (Self-directed Support) (Scotland) Act 2013 (“the 2013 Act”).

Section 25 of the 2013 Act repeals section 12B of the Social Work (Scotland) Act 1968 (“the 1968 Act”) which make provision in relation to direct payments in respect of community care services. New provision for direct payments is made in the 2013 Act.

Article 2 and the Schedule repeal, revoke and amend enactments contained in primary and secondary legislation in consequence on the repeal of section 12B of the 1968 Act and the new provision for direct payments in the 2013 Act.

Article 3 contains a saving provision so that the enactments specified in the Schedule continue to apply without modification in relation to any payments which are made under section 12B of the 1968 Act after 1st April 2014.