- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (05/10/2005)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 05/10/2005. This version of this provision is prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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Community Care and Health (Scotland) Act 2002, Section 5 is up to date with all changes known to be in force on or before 02 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Prospective
(1)In fulfilment of their duty under section 12(1) (arranging for provision of residential accommodation, etc.) or 13A(1) (arranging for provision of residential accommodation with nursing) of the 1968 Act [F1or under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (care and support) ] , a local authority—
(a)may, in accordance with regulations made by the Scottish Ministers; and
(b)must, if and to such extent as the Scottish Ministers so direct, in accordance with such regulations and with that direction,
make arrangements for the provision of residential accommodation in an appropriate establishment in England and Wales, or in Northern Ireland, any of the Channel Islands or the Isle of Man.
(2)Regulations under subsection (1) above may, subject to subsection (4) below, modify any of the provisions of the 1968 Act in their application to [F2persons for whom such arrangements are made ] .
(3)Arrangements made, before the date on which this section comes into force, by a local authority under section 12(1) of the 1968 Act for the provision of residential accommodation in an appropriate establishment (whether or not the establishment was an appropriate establishment when the arrangements were made) are deemed to have been made by virtue of paragraph (a) of subsection (1) above.
(4)Subsection (2) of section 13A of the 1968 Act does not apply in relation to arrangements made under subsection (1) above and subsection (3) of that section does not apply in relation to premises where accommodation is provided by virtue of subsection (1) above.
[F3(5)In subsections (1) and (3) above, “appropriate establishment” means an establishment of such description or conforming to such requirements as may be specified in regulations under subsection (1).]
Textual Amendments
F1Words in s. 5(1) inserted (1.10.2014) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 3(4)(a) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(2)
F2Words in s. 5(2) substituted (1.10.2014) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 3(4)(b) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(2)
F3S. 5(5) substituted for s. 5(5)(6) (1.10.2014) by Care Act 2014 (c. 23), s. 127(1), Sch. 1 para. 3(4)(c) (with Sch. 1 paras. 8, 14); S.I. 2014/2473, art. 2(2)
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