SCHEDULECONSEQUENTIAL MODIFICATIONS

(introduced by section 44)

Social Work (Scotland) Act 1968

1

1

The Social Work (Scotland) Act 1968 is amended as follows.

2

Sections 12AA and 12AB are repealed.

Children (Scotland) Act 1995

2

1

The Children (Scotland) Act 1995 is amended as follows.

2

Sections 24 and 24A are repealed.

Community Care and Health (Scotland) Act 2002

3

1

The Community Care and Health (Scotland) Act 2002 is amended as follows.

2

Section 9(2) is repealed.

3

Sections 11 and 12 are repealed.

Public Services Reform (Scotland) Act 2010

4

In schedule 13 of the Public Services Reform (Scotland) Act 2010, after the entry relating to the Adoption and Children (Scotland) Act 2007, insert— “ Carers (Scotland) Act 2016 ”.

Social Care (Self-directed Support) (Scotland) Act 2013

5

1

The Social Care (Self-directed Support) (Scotland) Act 2013 is amended as follows.

2

In section 1 (general principles)—

a

in subsection (1)(b), for “to 24” substitute “ and 23 ”,

b

in subsection (6)(a)—

i

for “or, as the case may be, section 12AA of that Act or section 23(3) or 24” substitute “ , section 23(3) ”,

ii

after “1995 Act” insert “ or by virtue of section 8 or 14 of the Carers (Scotland) Act 2016, ”,

c

in subsection (6)(b), for “section 3(4)” substitute “ section 24 of the Carers (Scotland) Act 2016 ”.

3

Section 3 (support for adult carers) is repealed.

4

In section 7 (choice of options: adult carers)—

a

in subsection (1), for “(the “supported person”) under section 3(4)” substitute “ an adult carer or, as the case may be, a young carer under section 24(4) of the Carers (Scotland) Act 2016 ”,

b

after subsection (4) insert—

4A

Subsection (4B) applies where the supported person is an appropriate person in relation to the young carer.

4B

Before making a choice in pursuance of subsection (2) or (3)(b), the supported person must, so far as practicable and taking account of the maturity of the young carer—

a

give the young carer an opportunity to indicate whether the young carer wishes to express the young carer's views,

b

if the young carer wishes to do so, give the young carer an opportunity to express them, and

c

have regard to any views expressed by the young carer.

c

after subsection (6) insert—

7

In this section—

  • “the 1989 Act” means the Children Act 1989,

  • “the 1995 Order” means the Children (Northern Ireland) Order 1995 (S.I. 1995/755),

  • “adult carer” has the meaning given by section 3 of the Carers (Scotland) Act 2016,

  • “appropriate person”, in relation to a young carer, means—

    1. a

      a parent or guardian having parental responsibilities or parental rights in relation to the young carer under Part 1 of the 1995 Act,

    2. b

      a person in whom parental responsibilities or parental rights are vested by virtue of section 11(2)(b) of the 1995 Act,

    3. c

      a person having parental responsibilities or parental rights by virtue of section 11(12) of the 1995 Act,

    4. d

      a parent having parental responsibility for the young carer under Part 1 of the 1989 Act,

    5. e

      a person having parental responsibility for the young carer by virtue of—

      1. i

        section 12(2) of the 1989 Act,

      2. ii

        section 14C of the 1989 Act, or

      3. iii

        section 25(3) of the Adoption and Children Act 2002,

    6. f

      a parent having parental responsibility for the young carer under Part 2 of the 1995 Order,

    7. g

      a person having parental responsibility for the young carer under Article 12(2) of the 1995 Order,

    8. h

      a person in whom parental responsibilities or parental rights are vested by virtue of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007),

  • “supported person” means—

    1. a

      where the support is to be provided to an adult carer, the adult carer,

    2. b

      where the support is to be provided to a young carer—

      1. i

        if the young carer is under 16 years of age, an appropriate person,

      2. ii

        if the young carer is 16 years of age or over, the young carer,

  • “young carer” has the meaning given in section 2 of the Carers (Scotland) Act 2016.

d

the title to that section becomes “ Choice of options: adult carers and young carers ”.

5

In section 10 (provision of information: children under 16)—

a

in subsection (1), for “section 8” substitute “ section 7 or 8 ”,

b

in subsection (2)—

i

before first “child” insert “ young carer or, as the case may be, ”,

ii

before second “child” insert “ young carer or ”,

c

in subsection (3), before “child” insert “ young carer or ”,

d

in subsection (4), after “meaning” insert

—

a

in relation to a young carer, as in section 7(7),

b

in relation to a child,

6

In section 11(3) (local authority functions), after “1968 Act” insert “ , section 24 of the Carers (Scotland) Act 2016 ”.

Public Bodies (Joint Working) (Scotland) Act 2014

6

I11

The Public Bodies (Joint Working) (Scotland) Act 2014 is amended as follows.

2

In Part 1 of the schedule—

a

in the entry for the Social Work (Scotland) Act 1968, “12AA, 12AB,” is repealed,

b

in the entry for the Children (Scotland) Act 1995, after “19” insert “ to 23, 25 ”,

I1c

after the entry relating to the Social Care (Self-directed Support) (Scotland) Act 2013, insert— “ Sections 6, 12, 21, 24, 25, 31, 34 and 35 of the Carers (Scotland) Act 2016. ”.