S. 62 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2
S. 63 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2
S. 65 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2
S. 67 in force at 5.10.2007 by S.S.I. 2007/334, art. 2(b), Sch. 2
S. 63 repealed (1.4.2014) by The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential and Saving Provisions) Order 2014 (S.S.I. 2014/90), art. 1, Sch. Pt. 1 (with art. 3)
In the National Assistance Act 1948 (c. 29)—
sections 42 and 43 are repealed, and
in section 65(f)—
In section 4(1)(b) of the Community Care and Health (Scotland) Act 2002 (asp 5), the words from “including” to the end of paragraph (b) are repealed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where— a local authority have decided under section 12A of this Act that an adult's needs call for the provision of a community care service; and it appears to the local authority that the adult is incapable in relation to decisions about the service, the local authority may take any steps which they consider would help the adult to benefit from the service. Without prejudice to the generality of subsection (1) above, steps that may be taken by the local authority include moving the adult to residential accommodation provided in pursuance of this Part. The principles set out in subsection (2) to (4) of section 1 of the 2000 Act apply in relation to any steps taken under subsection (1) above as they apply to interventions in the affairs of an adult under or in pursuance of that Act. Subsection (1) does not authorise a local authority to take steps if they are aware that— there is a guardian or welfare attorney with powers relating to the proposed steps; an intervention order has been granted relating to the proposed steps; or an application has been made (but not yet determined) for an intervention order or guardianship order under Part 6 of the 2000 Act relating to the proposed steps. In this section— “ “ “ “ “ the reference to a guardian includes a reference to— a guardian appointed under the 2000 Act; and a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during his incapacity, if the guardianship is recognised by the law of Scotland; the reference to a welfare attorney includes a reference to— a welfare attorney within the meaning of section 16 of the 2000 Act; and a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter's personal welfare and having effect during the granter's incapacity.
Section 86 (adjustments between local authority providing services and local authority of area of ordinary residence) of the Social Work (Scotland) Act 1968 (c. 49) is amended as follows—
in subsection (1)—
in making a payment under section 12B of this Act in relation to the provision of a service for a person ordinarily so resident; or
in subsection (3)—
This subsection applies where a local authority (“ this Act; Part II of the Children (Scotland) Act 1995 (c. 36); or section 25 to 27 of the Mental Health (Care and Treatment)
(Scotland) Act 2003 (asp 13), by making arrangements with a person (“ Where subsection (4) applies— any expenditure incurred under the arrangements by a provider which is a local authority is recoverable from the responsible authority; and any period during which the person is accommodated under the arrangements is to be disregarded in determining the person's ordinary residence for the purposes of subsection (1) of this section. The Scottish Ministers may make regulations specifying circumstances in which a local authority (“ this Act; Part II of the Children (Scotland) Act 1995 (c. 36); or section 25 to 27 of the Mental Health (Care and Treatment)
(Scotland) Act 2003 (asp 13). The Scottish Ministers may make regulations specifying circumstances which must be taken into account, or disregarded, when determining a person's ordinary residence for the purposes of subsection (1) of this section (and such regulations may modify subsection (2), (3) and (5)(b) of this section). Regulations made under subsection (6) or (7) of this section may— make different provision for different cases and for different persons; include such supplementary, incidental, consequential and transitional provisions and savings as the Scottish Ministers think fit. Despite section 90(2) of this Act, no statutory instrument containing regulations made under subsection (7) of this section which includes provisions which modify this section may be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament. References in subsections (4) to (6) of this section to a local authority which is providing accommodation, service or facilities include references to a local authority in England or Wales.
The Scottish Ministers may make regulations modifying this Act in such manner as they think fit for the purposes of applying or disapplying any of its provisions in relation to persons placed in Scotland by virtue of arrangements made by— a local authority in any other part of the United Kingdom or in any of the Channel Islands or the Isle of Man; any other public body or office-holder exercising functions in relation to any other part of the United Kingdom, or any of the Channel Islands or the Isle of Man, as may be specified in the regulations. Such regulations may— make different provision for different cases and for different persons; include such supplementary, incidental, consequential and transitional provisions and savings as the Scottish Ministers think fit. Despite section 90(2) of this Act, no statutory instrument containing such regulations may be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
to take part as a party in any proceedings before a court or to initiate such proceedings where he considers it necessary to do so to safeguard the property or financial affairs of an adult who is incapable for the purposes of this Act;