- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (24/03/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
There are currently no known outstanding effects for the Coronavirus Act 2020, Section 17.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)The Scottish Ministers may issue guidance to local authorities about the exercise of their functions under the following provisions in consequence of section 16—
(a)Part 2 of the 1968 Act;
(b)sections 22, 23 and 29 of the 1995 Act;
(c)sections 25, 26 and 27 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13);
(d)section 1 of the 2013 Act;
(e)Parts 2 and 3 of the 2016 Act.
(2)A local authority—
(a)must have regard to any guidance issued under subsection (1);
(b)must comply with such guidance issued under subsection (1) as the Scottish Ministers direct;
(c)may disregard, so far as it is inconsistent with guidance issued under subsection (1)—
(i)any guidance issued under section 5(1) of the 1968 Act;
(ii)a code of practice published under section 274(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003.
(3)The Scottish Ministers may—
(a)from time to time revise any guidance issued under subsection (1);
(b)vary or revoke a direction made under subsection (2)(b).
(4)A local authority must not recover a charge under section 87 of the 1968 Act for—
(a)community care services provided to a person if, in reliance on section 16(1), the authority did not—
(i)comply with section 12A of the 1968 Act before providing the services, or
(ii)comply with section 1 of the 2013 Act in relation to the services;
(b)services provided to a child under section 22(1) of the 1995 Act if, in reliance on section 16(7), the authority did not—
(i)where the services were provided following a request being made to the authority in relation to the child under section 23(3) of the 1995 Act, assess the child's needs for the services before providing them, or
(ii)comply with section 1 of the 2013 Act in relation to the services;
(c)advice, guidance or assistance provided to a person under section 29(1) or (5A) of the 1995 Act if, in reliance on section 16(9), the local authority did not carry out an assessment of the person's needs under section 29(5) of that Act before providing the advice, guidance or assistance.
(5)For the purposes of subsection (4), a local authority did not—
(a)comply with a provision if it only partially complied with the provision;
(b)carry out an assessment if it only partially carried out the assessment.
(6)Nothing in subsection (4) prevents a local authority from recovering charges if—
(a)the authority provides—
(i)services in the circumstances described in paragraph (a) or (b) of subsection (4), or
(ii)advice, guidance or assistance in the circumstances described in paragraph (c) of that subsection,
(b)the authority subsequently complies with the provisions mentioned in paragraph (a), (b) or (c) of that subsection (as the case may be) in relation to the services or the advice, guidance or assistance, and
(c)the charges relate only to the period after the authority so complies.
(7)Subsection (8) applies where—
(a)a local authority provides accommodation to a person under Part 2 of the 1968 Act in the circumstances described in paragraph (a) of subsection (4),
(b)the authority subsequently complies with the provisions mentioned in that paragraph in relation to the provision of the accommodation, and
(c)after it complies with those provisions, the authority continues to provide the accommodation to the person.
(8)Despite subsections (4)(a) and (6), the authority may recover charges for the provision of the accommodation for any period—
(a)before the authority complied with the provisions mentioned in subsection (4)(a), and
(b)during which the person was a permanent resident.
(9)For the purposes of subsection (8), a person is a permanent resident if the person is expected to be provided with accommodation by the authority for a period of more than 52 weeks.
(10)Subsection (11) applies where—
(a)any provision of section 16 has had effect for a period, and
(b)that period has ended.
(11)In determining for the purposes of any proceedings whether a local authority has complied with any duty to carry out a relevant assessment within a reasonable period, a court must take into account (among other things) the following factors—
(a)the length of any period for which any provision of section 16 had effect, and
(b)the number of relevant assessments which need to be carried out by the local authority following the end of any such period.
(12)In subsection (11), “relevant assessment” means—
(a)an assessment under—
(i)section 12A(1)(a) of the 1968 Act;
(ii)section 23(3) of the 1995 Act;
(iii)section 29(5) of the 1995 Act;
(b)the preparation of—
(i)an adult carer support plan under section 6 of the 2016 Act;
(ii)a young carer statement under section 12 of the 2016 Act.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys