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The Public Bodies (Joint Working) (Local Authority Officers) (Scotland) Regulations 2014

S.S.I. 2014/282 · Made 28 October 2014

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.

Social Care

Made 28th October 2014

Laid before the Scottish Parliament 30th October 2014

Coming into force 28th November 2014

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 23(1) of the Public Bodies (Joint Working) (Scotland) Act 2014f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2014 asp 9. Section 68(1) contains a definition of “prescribed” relevant to the exercise of the powers under which these Regulations are made.

Contents

  1. 1Citation and commencement
  2. 2Prescribed functions and prescribed conditions
  3. Signature
  4. Schedule Prescribed functions and prescribed conditions
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Public Bodies (Joint Working) (Local Authority Officers) (Scotland) Regulations 2014 and come into force on 28th November 2014.

2Prescribed functions and prescribed conditions

(1)

The functions specified in column A of the table in the Schedule are the functions prescribed for the purposes of section 23(1)(a) of the Public Bodies (Joint Working) (Scotland) Act 2014.

(2)

The conditions specified in column B of the table in the Schedule are the conditions prescribed for the purposes of section 23(1)(b) of the Public Bodies (Joint Working) (Scotland) Act 2014 in relation to the functions specified in the corresponding entry in column A of that table.

Signature

ALEX NEIL

A member of the Scottish Government

St Andrew’s House,

Edinburgh

28th October 2014

Prescribed functions and prescribed conditions

Column A

Prescribed function

Column B

Prescribed condition
The functions conferred on a council officer by sections 7 to 10 of the Adult Support and Protection (Scotland) Act 2007f1The officer of the Health Board or, as the case may be, the other local authority which prepared the integration scheme or which is a constituent authority of the integration joint board meets the requirements of article 3(2) of the Adult Support and Protection (Scotland) Act 2007 (Restriction on the Authorisation of Council Officers) Order 2008f2
The functions conferred on a council officer by or by virtue of sections 11, 14, 16 and 18 of the Adult Support and Protection (Scotland) Act 2007The officer of the Health Board or, as the case may be, the other local authority which prepared the integration scheme or which is a constituent authority of the integration joint board meets the requirements of article 3(2)(a)(i), (iii) or (iv) and (b) of the Adult Support and Protection (Scotland) Act 2007 (Restriction on the Authorisation of Council Officers) Order 2008f3

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe functions conferred on local authority officers for the purpose of section 23 of the Public Bodies (Joint Working) (Scotland) Act 2014 (“the Act”), and prescribe conditions which must be satisfied in order for section 23 to apply those prescribed functions.

The Act requires Health Boards and local authorities to agree arrangements for joint working in relation to certain of their statutory functions. Section 23 of the Act makes provision to allow prescribed functions which are conferred on local authority officers to be exercised by persons other than the persons on whom the functions are directly conferred.

Regulation 2 and the Schedule set out the prescribed functions and the prescribed conditions for the application of section 23 of the Act to the prescribed functions.