Introductory text

NATIONAL ASSISTANCE SERVICES

Made 29th January 2026

Laid before the Scottish Parliament 2nd February 2026

Coming into force 6th April 2026

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 22(4) of the National Assistance Act 1948^f1, as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968^f2 and all other powers enabling them to do so.

Annotations

Footnotes

f1: 1948 c. 29 (11 & 12 Geo. 6) (“the 1948 Act”). Section 64(1) of the 1948 Act contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. Section 87(4) of the Social Work (Scotland) Act 1968 (c. 49) (“the 1968 Act”) substitutes the term “Secretary of State” for the term “Minister”. The functions of the Secretary of State so far as exercisable within devolved competence were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).
f2: 1968 c. 49. Section 87(3) of the 1968 Act was amended by section 28(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”) and by section 62(2) of the Adult Support and Protection (Scotland) Act 2007 (asp 10). Section 87(4) of the 1968 Act was amended by section 28(1) of the 2003 Act. By virtue of section 87(3) of the 1968 Act, accommodation provided under that Act or under section 25 of the 2003 Act is regarded as accommodation provided under Part III of the 1948 Act.