LegalizeThe Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Regulations 2014
Made: 27th November 2014
Coming into force: 28th November 2014
In accordance with section 69(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation
1
- (1) These Regulations may be cited as the Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Regulations 2014 and come into force on the day after the day on which they are made.
- (2) In these Regulations—
- “the Act” means the Public Bodies (Joint Working) (Scotland) Act 2014;
- “aid or adaptation” means any alteration or addition to the structure, access, layout or fixtures of accommodation, and any equipment or fittings installed or provided for use in accommodation, for the purpose of allowing a person to occupy, or to continue to occupy, the accommodation as their sole or main residence;
- “housing support service”— means any service which provides support, assistance, advice or counselling to a person for the purpose of enabling that person to occupy, or to continue to occupy, accommodation as their sole or main residence; does not include any service which involves the installation or maintenance of an aid or adaptation; or any service which is provided to a person as, or in conjunction with, personal care or personal support services provided in the person’s place of residence.
Prescribed functions
2
- (1) The functions conferred by the enactments listed in column A of the table in Part 1 of the Schedule are prescribed for the purposes of section 1(7) of the Act.
- (2) The functions conferred by virtue of the enactment listed in column A of the table in part 2 of the Schedule are prescribed for the purposes of section 1(7) of the Act.
- (3) Each function prescribed for the purposes of section 1(7) is prescribed so far as the function is exercisable in relation to persons of at least 18 years of age.
- (4) Where an entry in column B of the table in the Schedule specifies a limitation in relation to a function listed in column A, that function is prescribed subject to that limitation.
Amendment of the schedule to the Act
3
In Part 1 of the schedule to the Act—
- (a) in the entry relating to the National Assistance Act 1948[^f00002] the references to sections 22 and 26 of that Act are repealed;
- (b) in the entry relating to the Social Work (Scotland) Act 1968[^f00003], the reference to section 87 of that Act is repealed;
- (c) in the entry relating to the Local Government and Planning (Scotland) Act 1982[^f00004], for “24” substitute “24(1)”; and
- (d) in the entry relating to the Housing (Scotland) Act 1987[^f00005], for “5 and 5A” substitute “5(1) and 5A(1)”.
SCHEDULE
PART 1 — Functions prescribed for the purposes of section 1(7) of the Public Bodies (Joint Working) (Scotland) Act 2014
| Column AEnactment conferring function | Column AEnactment conferring function | Column BLimitation |
|---|---|---|
| National Assistance Act 1948[^f00006] | National Assistance Act 1948[^f00006] | National Assistance Act 1948[^f00006] |
| Section 48(duty of councils to provide temporary protection for property of persons admitted to hospitals etc.) | Section 48(duty of councils to provide temporary protection for property of persons admitted to hospitals etc.) | |
| The Disabled Persons (Employment) Act 1958[^f00007] | The Disabled Persons (Employment) Act 1958[^f00007] | The Disabled Persons (Employment) Act 1958[^f00007] |
| Section 3(provision of sheltered employment by local authorities) | ||
| The Social Work (Scotland) Act 1968[^f00008] | The Social Work (Scotland) Act 1968[^f00008] | The Social Work (Scotland) Act 1968[^f00008] |
| Section 1(local authorities for the administration of the Act) | Section 1(local authorities for the administration of the Act) | So far as it is exercisable in relation to another integration function. |
| Section 4(provisions relating to performance of functions by local authorities) | Section 4(provisions relating to performance of functions by local authorities) | So far as it is exercisable in relation to another integration function. |
| Section 8(research) | Section 8(research) | So far as it is exercisable in relation to another integration function. |
| Section 10(financial and other assistance to voluntary organisations etc. for social work) | Section 10(financial and other assistance to voluntary organisations etc. for social work) | So far as it is exercisable in relation to another integration function. |
| Section 12(general social welfare services of local authorities) | Section 12(general social welfare services of local authorities) | Except in so far as it is exercisable in relation to the provision of housing support services. |
| Section 12A(duty of local authorities to assess needs) | Section 12A(duty of local authorities to assess needs) | So far as it is exercisable in relation to another integration function. |
| Section 12AZA(assessments under section 12A - assistance) | Section 12AZA(assessments under section 12A - assistance) | So far as it is exercisable in relation to another integration function. |
| ... | ... | |
| Section 13(power of local authorities to assist persons in need in disposal of produce of their work) | Section 13(power of local authorities to assist persons in need in disposal of produce of their work) | |
| Section 13ZA(provision of services to incapable adults) | Section 13ZA(provision of services to incapable adults) | So far as it is exercisable in relation to another integration function. |
| Section 13A(residential accommodation with nursing) | Section 13A(residential accommodation with nursing) | |
| Section 13B(provision of care or aftercare) | Section 13B(provision of care or aftercare) | |
| Section 14(home help and laundry facilities) | Section 14(home help and laundry facilities) | |
| Section 28(burial or cremation of the dead) | Section 28(burial or cremation of the dead) | So far as it is exercisable in relation to persons cared for or assisted under another integration function. |
| Section 29(power of local authority to defray expenses of parent, etc., visiting persons or attending funerals) | Section 29(power of local authority to defray expenses of parent, etc., visiting persons or attending funerals) | |
| Section 59(provision of residential and other establishments by local authorities and maximum period for repayment of sums borrowed for such provision) | Section 59(provision of residential and other establishments by local authorities and maximum period for repayment of sums borrowed for such provision) | So far as it is exercisable in relation to another integration function. |
| The Local Government and Planning (Scotland) Act 1982[^f00009] | The Local Government and Planning (Scotland) Act 1982[^f00009] | The Local Government and Planning (Scotland) Act 1982[^f00009] |
| Section 24(1)(The provision of gardening assistance for the disabled and the elderly) | Section 24(1)(The provision of gardening assistance for the disabled and the elderly) | |
| Disabled Persons (Services, Consultation and Representation) Act 1986[^f00010] | Disabled Persons (Services, Consultation and Representation) Act 1986[^f00010] | Disabled Persons (Services, Consultation and Representation) Act 1986[^f00010] |
| Section 2(rights of authorised representatives of disabled persons) | Section 2(rights of authorised representatives of disabled persons) | |
| Section 3(assessment by local authorities of needs of disabled persons) | Section 3(assessment by local authorities of needs of disabled persons) | |
| Section 7(persons discharged from hospital) | Section 7(persons discharged from hospital) | In respect of the assessment of need for any services provided under functions contained in welfare enactments within the meaning of section 16 and which are integration functions. |
| Section 8(duty of local authority to take into account abilities of carer) | Section 8(duty of local authority to take into account abilities of carer) | In respect of the assessment of need for any services provided under functions contained in welfare enactments (within the meaning set out in section 16 of that Act) which are integration functions. |
| The Adults with Incapacity (Scotland) Act 2000[^f00011] | The Adults with Incapacity (Scotland) Act 2000[^f00011] | The Adults with Incapacity (Scotland) Act 2000[^f00011] |
| Section 10(functions of local authorities) | Section 10(functions of local authorities) | |
| Section 12(investigations) | Section 12(investigations) | |
| Section 37(residents whose affairs may be managed) | Section 37(residents whose affairs may be managed) | Only in relation to residents of establishments which are managed under integration functions. |
| Section 39(matters which may be managed) | Section 39(matters which may be managed) | Only in relation to residents of establishments which are managed under integration functions. |
| Section 41(duties and functions of managers of authorised establishment) | Section 41(duties and functions of managers of authorised establishment) | Only in relation to residents of establishments which are managed under integration functions. |
| Section 42(authorisation of named manager to withdraw from resident’s account) | Section 42(authorisation of named manager to withdraw from resident’s account) | Only in relation to residents of establishments which are managed under integration functions. |
| Section 43(statement of resident’s affairs) | Section 43(statement of resident’s affairs) | Only in relation to residents of establishments which are managed under integration functions. |
| Section 44(resident ceasing to be resident of authorised establishment) | Section 44(resident ceasing to be resident of authorised establishment) | Only in relation to residents of establishments which are managed under integration functions. |
| Section 45(appeal, revocation etc) | Section 45(appeal, revocation etc) | Only in relation to residents of establishments which are managed under integration functions. |
| The Housing (Scotland) Act 2001[^f00012] | The Housing (Scotland) Act 2001[^f00012] | The Housing (Scotland) Act 2001[^f00012] |
| Section 92(assistance for housing purposes) | Section 92(assistance for housing purposes) | Only in so far as it relates to an aid or adaptation. |
| The Community Care and Health (Scotland) Act 2002[^f00013] | The Community Care and Health (Scotland) Act 2002[^f00013] | The Community Care and Health (Scotland) Act 2002[^f00013] |
| Section 5(local authority arrangements for residential accommodation outwith Scotland) | Section 5(local authority arrangements for residential accommodation outwith Scotland) | |
| Section 14(payments by local authorities towards expenditure by NHS bodies on prescribed functions) | Section 14(payments by local authorities towards expenditure by NHS bodies on prescribed functions) | |
| The Mental Health (Care and Treatment) (Scotland) Act 2003[^f00014] | The Mental Health (Care and Treatment) (Scotland) Act 2003[^f00014] | The Mental Health (Care and Treatment) (Scotland) Act 2003[^f00014] |
| Section 17(duties of Scottish Ministers, local authorities and others as respects Commission) | Section 17(duties of Scottish Ministers, local authorities and others as respects Commission) | |
| Section 25(care and support services etc) | Section 25(care and support services etc) | Except in so far as it is exercisable in relation to the provision of housing support services. |
| Section 26(services designed to promote well-being and social development) | Section 26(services designed to promote well-being and social development) | Except in so far as it is exercisable in relation to the provision of housing support services. |
| Section 27(assistance with travel) | Section 27(assistance with travel) | Except in so far as it is exercisable in relation to the provision of housing support services. |
| Section 33(duty to inquire) | Section 33(duty to inquire) | |
| Section 34(inquiries under section 33: Co-operation) | Section 34(inquiries under section 33: Co-operation) | |
| Section 228(request for assessment of needs: duty on local authorities and Health Boards) | Section 228(request for assessment of needs: duty on local authorities and Health Boards) | |
| Section 259(advocacy) | Section 259(advocacy) | |
| The Housing (Scotland) Act 2006[^f00015] | The Housing (Scotland) Act 2006[^f00015] | The Housing (Scotland) Act 2006[^f00015] |
| Section 71(1)(b)(assistance for housing purposes) | Section 71(1)(b)(assistance for housing purposes) | Only in so far as it relates to an aid or adaptation. |
| The Adult Support and Protection (Scotland) Act 2007[^f00016] | The Adult Support and Protection (Scotland) Act 2007[^f00016] | The Adult Support and Protection (Scotland) Act 2007[^f00016] |
| Section 4(council’s duty to make inquiries) | Section 4(council’s duty to make inquiries) | |
| Section 5(co-operation) | Section 5(co-operation) | |
| Section 6(duty to consider importance of providing advocacy and other services) | Section 6(duty to consider importance of providing advocacy and other services) | |
| Section 11(assessment Orders) | Section 11(assessment Orders) | |
| Section 14(removal orders) | Section 14(removal orders) | |
| Section 18(protection of moved persons property) | Section 18(protection of moved persons property) | |
| Section 22(right to apply for a banning order) | Section 22(right to apply for a banning order) | |
| Section 40(urgent cases) | Section 40(urgent cases) | |
| Section 42(adult Protection Committees) | Section 42(adult Protection Committees) | |
| Section 43(membership) | Section 43(membership) | |
| Social Care (Self-directed Support) (Scotland) Act 2013[^f00017] | Social Care (Self-directed Support) (Scotland) Act 2013[^f00017] | Social Care (Self-directed Support) (Scotland) Act 2013[^f00017] |
| ... | ... | . . . |
| Section 5(choice of options: adults) | Section 5(choice of options: adults) | |
| Section 6(choice of options under section 5: assistances) | Section 6(choice of options under section 5: assistances) | |
| Section 7(choice of options: adult carers) | Section 7(choice of options: adult carers) | |
| Section 9(provision of information about self-directed support) | Section 9(provision of information about self-directed support) | |
| Section 11(local authority functions) | Section 11(local authority functions) | |
| Section 12(eligibility for direct payment: review) | Section 12(eligibility for direct payment: review) | |
| Section 13(further choice of options on material change of circumstances) | Section 13(further choice of options on material change of circumstances) | Only in relation to a choice under section 5 or 7 of the Social Care (Self-directed Support) (Scotland) Act 2013. |
| Section 16(misuse of direct payment: recovery) | Section 16(misuse of direct payment: recovery) | |
| Section 19(promotion of options for self-directed support) | Section 19(promotion of options for self-directed support) | |
| Carers (Scotland) Act 2016 | Carers (Scotland) Act 2016 | Carers (Scotland) Act 2016 |
| Section 21 | Section 21 | |
| (duty to set local eligibility criteria) | (duty to set local eligibility criteria) | |
| Section 6 | Section 6 | |
| (duty to prepare adult carer support plan) | (duty to prepare adult carer support plan) | |
| Section 24 | Section 24 | |
| (duty to provide support) | (duty to provide support) | |
| Section 25 | Section 25 | |
| (provision of support to carers: breaks from caring) | (provision of support to carers: breaks from caring) | |
| Section 31 | Section 31 | |
| (duty to prepare local carer strategy) | (duty to prepare local carer strategy) | |
| Section 34 | Section 34 | |
| (information and advice service for carers) | (information and advice service for carers) | |
| Section 35 | Section 35 | |
| (short breaks services statements) | (short breaks services statements) |
PART 2 — Functions, conferred by virtue of enactments, prescribed for the purposes of section 1(7) of the Public Bodies (Joint Working) (Scotland) Act 2014
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