Explanatory Note
(This note is not part of the Order)
This Order makes a modification to the Community Care and Health (Scotland) Act 2002 (“the 2002 Act”), which is considered to be necessary in consequence of the Community Care and Health (Scotland) Act 2002 (Commencement No. 1) Order 2002 which commences different subsections of section 1 of the 2002 Act on different days.
Section 1(7) of the 2002 Act enables regulations to be made modifying section 12A(1) and (2) of the Social Work (Scotland) Act 1968 (c. 49) in its application to people who, immediately before the date of the coming into force of section 1 of the 2002 Act met certain criteria set out in the subsection (7) of that section. As section 1 of the 2002 Act did not come into force on a single day, an ambiguity arises as to the date referred to in subsection (7) of that section.
This Order therefore amends section 1(7) of the 2002 Act by substituting “subsection” for “section” where it last occurs in order to remove the ambiguity as to the appropriate date to be taken as the coming into force date referred to therein. This is 1st April 2002.