Community Care and Health (Scotland) Act 2002

SCHEDULE 1 S Social care not ordinarily charged for

(introduced by section 1(1)(c))

1 S As regards the personal hygiene of the person cared for—

(a) shaving;

(b) cleaning teeth (whether or not they are artificial) by means of a brush or dental floss and (in the case of artificial teeth) by means of soaking;

(c) providing assistance in rinsing the mouth;

(d) keeping finger nails and toe nails trimmed;

(e) assisting the person with going to the toilet or with using a bedpan or other receptacle;

(f) where the person is fitted with a catheter or stoma, providing such assistance as is requisite to ensure cleanliness and that the skin is kept in a favourable hygienic condition;

(g) where the person is incontinent—

(i) the consequential making of the person’s bed and consequential changing and laundering of the person’s bedding and clothing; and

(ii) caring for the person’s skin to ensure that it is not adversely affected.

2 S As regards the person’s eating requirements—

(a) assisting with the preparation of food;

(b) assisting in the fulfilment of special dietary needs.

3 S If the person is immobile or substantially immobile, dealing with the problems of that immobility.

4 S If the person requires medical treatment, assisting with medication, as for example by—

(a) applying creams or lotions;

(b) administering eye drops;

(c) applying dressings in cases where this can be done without the physical involvement of a registered nurse or of a medical practitioner;

(d) assisting with the administration of oxygen as part of a course of therapy.

5 S With regard to the person’s general well-being—

(a) assisting with getting dressed;

(b) assisting with surgical appliances, prosthesis and mechanical and manual equipment;

(c) assisting with getting up and with going to bed;

(d) the provision of devices to help memory and of safety devices;

(e) behaviour management and psychological support.

SCHEDULE 2 S Minor and consequential amendments and repeals

(introduced by section 25)

Social Work (Scotland) Act 1968 (c.49) S

1 (1) The 1968 Act is amended as follows.

(2) In section 12B(7) (which empowers a local authority to make direct payments to a person who is of a specified description, being a person in need, so that the person may secure the provision of a community care service), for the word “service” there is substituted “ services ”.

(3) In section 12C(2) (effect of direct payment on obligation of local authority with respect to the provision of the service to which it relates)—

(a) for the words “section 12B(1)” there is substituted “ subsection (1) of section 12B ”;

(b) after the word “relates” there is inserted “ (except in so far as it is provided by them by virtue of that subsection) ”; and

(c) for the words “the person’s own arrangements” there is substituted “ that subsection ”.

(4) In section 13A(2) (residential accommodation with nursing), the word “The”, where it first occurs, is repealed.

(5) In section 94(1) (interpretation), in paragraph (c) of the definition of “prescribed”, after the word “sections” there is inserted “ 12(3A), ”.

Commencement Information

I1 Sch. 2 para. 1 wholly in force at 1.6.2003; Sch. 2 para. 1 not in force at Royal Assent see s. 27(2); Sch. 2 para. 1(1)(4) in force at 1.4.2002 by S.S.I. 2002/170, art. 2(1); Sch. 2 para. 1(5) in force at 1.7.2002 by S.S.I. 2002/170, art. 2(3); Sch. 2 para. 1(2)(3) in force at 1.6.2003 by S.S.I. 2002/170, art. 2(5)

National Health Service (Scotland) Act 1978 (c.29) S

2 (1) The 1978 Act is amended as follows.

(2) In section 16A (payments by Health Boards towards expenditure of others on community services), after subsection (4) there is added—

“(5) This section is without prejudice to section 13 of the Community Care and Health (Scotland) Act 2002 (asp 5) (payments by NHS bodies towards certain local authority expenditure).”.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 29 (the NHS Tribunal)—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (8)—

F3 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) for the words “this Part” there is substituted “ or by virtue of this Part or Part I of this Act ”.

(5) In section 29A (the NHS Tribunal: supplementary)—

(a) in subsection (3)—

(i) in paragraph (a), after the word “providing” there is inserted “ , or as the case may be performing, ”; and

(ii) in paragraph (b), after the word “provision” there is inserted “ , or performance, ”; and

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In section 29B (powers of NHS Tribunal)—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in subsection (3), after the word “provision” there is inserted “ , or as the case may be performance, ”.

(7) In section 30(4) (construction of references to Health Board)—

(a) after the word “providing” there is inserted “ , or as the case may be performing, ”;

(b) for the words “any corresponding authority” there is substituted “ a reference to any authority which ”; and

(c) at the end there is added “would be entitled to request a review corresponding to that mentioned in the subsection”.

(8) In section 31 (disqualification provisions in England and Wales or Northern Ireland)—

(a) in subsection (1)(a)—

(i) after the word “under”, where it first occurs, there is inserted “ or by virtue of ”;

(ii) for the words “those provisions” there is substituted “ or by virtue of— ” and the following sub-paragraphs—

“(i) those provisions so in force; or

(ii) provisions so in force corresponding to the provisions of Part I of this Act,”; and

(iii) after the word “provide” there is inserted “ , approved to assist in providing or approved to perform ”; and

(b) in subsection (2)—

(i) after the word “provision”, in each of the two places where it occurs, there is inserted “ , assistance in provision or performance ”; and

(ii) at the end there is added “, section 17C arrangements or a pilot scheme”.

(9) In section 32A (applications for interim suspension)—

(a) in subsection (2A)(a), after the word “Part” there is inserted “ , section 17C arrangements or a pilot scheme ”;

(b) in subsection (3)(c), after the word “provision” there is inserted “ or performance ”; and

F8 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In section 32B—

(a) in subsection (2)—

(i) in paragraph (a), for the words “direction under section 29(3)(b)” there is substituted “ national disqualification ”; and

(ii) in paragraph (b), for the words “that direction” there is substituted “ the disqualification ”; and

(b) in subsection (3), for the words “32(A)(3)” there is substituted “ 32A(3) ”.

(11) In section 32D (suspension provisions in England and Wales or in Northern Ireland)—

(a) in subsection (1)—

(i) after the words “prepared under” there is inserted “ or by virtue of ”; and

(ii) after the word “Part” there is inserted “ or Part I ”;

(b) in subsection (2)(a), for the words “this Part” there is substituted “ or by virtue of this Part or Part I ”; and

(c) in each of those subsections, after the word “provide” there is inserted “ , approved to assist in providing or approved to perform ”.

(12) In section 108(1) (interpretation), at the appropriate places there are inserted—

F9 “...”;

““pilot scheme” has the meaning given by section 1 of the National Health Service (Primary Care) Act 1997 (c.46);”;

““services list” has the meaning indicated in section 17EA(2);”;

““supplementary list” has the meaning indicated in section 24B(2);”.

(13) In paragraph 17 of Schedule 7A, at the beginning there is inserted “Subject to the provisions of any regulations made under section 15(4)(c) of the Community Care and Health (Scotland) Act 2002 (asp 5),”.

Textual Amendments

F1 Sch. 2 para. 2(3) repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), s. 9(1), Sch. para. 3(3)(a); S.S.I. 2004/58, art. 2(3)

F2 Sch. 2 para. 2(4)(a) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)

F3 Sch. 2 para. 2(4)(b)(i) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)

F4 Sch. 2 para. 2(4)(b)(ii) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)

F5 Sch. 2 para. 2(5)(b) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)

F6 Sch. 2 para. 2(6)(a) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)

F7 Sch. 2 para. 2(6)(b) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)

F8 Sch. 2 para. 2(9)(c) omitted (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 1, Sch. para. 6(b)

F9 Words in Sch. 2 para. 2(12) repealed (1.4.2004) by virtue of Primary Medical Services (Scotland) Act 2004 (asp 1), s. 9(1), sch. para. 3(3)(b); S.S.I. 2004/58, art. 2(3)

Commencement Information

I2 Sch. 2 para. 2(3)(12) in force at 28.2.2003 by S.S.I. 2003/62, art. 2(1)(c)

I3 Sch. 2 para. 2(4)(a) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.

I4 Sch. 2 para. 2(4)(a)(b)(iii)(6)(a)(6)(b)(8)(b)(i)(9)(c)(11)(b)(11)(c) in force at 1.4.2004 in so far as not already in force by S.S.I. 2004/33, art. 2(2)(b)

I5 Sch. 2 para. 2(4)(b)(i)(5)(b)(7)(8)(a)(10)(11)(a) in force at 4.3.2004 by S.S.I. 2004/33, art. 2(1)(c)

I6 Sch. 2 para. 2(4)(b)(i)(ii)(5)(6)(c)(8)(b)(ii)(9)(a)(9)(b)(11)(a) in force at 1.4.2004 by S.S.I. 2004/33, art. 2(2)(b)

I7 Sch. 2 para. 2(4)(b)(iii) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.

I8 Sch. 2 para. 2(6)(a) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.

I9 Sch. 2 para. 2(6)(b) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.

I10 Sch. 2 para. 2(8)(b)(i) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.

I11 Sch. 2 para. 2(9)(c) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.

I12 Sch. 2 para. 2(11)(b) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.

I13 Sch. 2 para. 2(11)(c) in force at 4.3.2004 for specified purposes by S.S.I. 2004/33, art. 2(1)(d), Sch.

National Health Service (Primary Care) Act 1997 (c.46) S

3 In Schedule 2 to the National Health Service (Primary Care) Act 1997 (amendments of enactments), paragraph 57, in so far as providing for a definition of the expression “medical list”, is repealed.

Commencement Information

I14 Sch. 2 para. 3 in force at 28.2.2003 by S.S.I. 2003/62, art. 2(1)(c)

Prospective

Health Act 1999 (c.8) S

4 In Schedule 4 to the Health Act 1999 (amendments of enactments), paragraph 52(b) is repealed.