The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2015

Scottish Statutory Instruments

2015 No. 65

National Assistance Services

The National Assistance (Sums for Personal Requirements) (Scotland) Regulations 2015

Made

17th February 2015

Laid before the Scottish Parliament

19th February 2015

Coming into force

6th April 2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 22(4) of the National Assistance Act 1948(1), as applied by section 87(3) and (4) of the Social Work (Scotland) Act 1968(2), and all other powers enabling them to do so.

(1)

1948 c.29 (11 and 12 Geo.6). Section 64(1) of the National Assistance Act 1948 contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. Section 87(4) of the Social Work (Scotland) Act 1968 (c.49) substitutes the term “Secretary of State” for the term “Minister”. The functions of the Secretary of State so far as exercisable within devolved competence were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).

(2)

1968 c.49 (“the 1968 Act”). Section 87(3) of the 1968 Act was amended by the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (“the 2003 Act”), section 28(1) and by the Adult Support and Protection (Scotland) Act 2007 (asp 10), section 62(2). Section 87(4) of the 1968 Act was amended by the 2003 Act, section 28(1). By virtue of section 87(3) of the 1968 Act, accommodation provided under that Act or under section 25 of the 2003 Act is regarded as accommodation provided under Part III of the National Assistance Act 1948.