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Transitional provisions

4.—(1) A local authority which has—

(a)relied on section 16(3) of the 2020 Act together with any of the following provisions of the 2020 Act—

(i)section 16(4)(a),

(ii)section 16(4)(b), or

(iii)section 16(4)(e) (insofar as it relates to an adult carer),

in relation to a person, and

(b)provided support to the person under section 24 of the 2016 Act pursuant to the reliance,

must continue to provide that support until one of the events mentioned in paragraph (2) occurs.

(2) The events referred to in paragraph (1) are—

(a)the local authority has prepared an ACSP under section 6 of the 2016 Act (duty to prepare adult carer support plan) in relation to the person and has identified the person’s outcomes and needs under the Carers (Scotland) Act 2016 (Adult Carers and Young Carers: Identification of Outcomes and Needs for Support) Regulations 2018(1), with regard to section 1 of the 2013 Act (general principles regarding provision of social care) insofar it relates to Part 2 and Part 3 of the 2016 Act,

(b)the person no longer has a requirement for the support,

(c)the person has refused an ACSP, or

(d)the person’s existing ACSP has been reviewed in accordance with the Carers (Scotland) Act 2016 (Review of Adult Carer Support Plan and Young Carer Statement) Regulations 2018(2).