The Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Amendment (No. 2) Regulations 2017

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Regulations amend the Public Bodies (Joint Working) (Scotland) Act 2014 (“the 2014 Act ”) and the Public Bodies (Joint Working) (Prescribed Local Authority Functions etc.) (Scotland) Regulations 2014 (“the 2014 Regulations ”) in consequence of provisions within the Carers (Scotland) Act 2016 (“the 2016 Act ”) which repeal sections 12AA and 12AB of the Social Work (Scotland) Act 1968 (“the 1968 Act ”) and section 3 of the Self-directed Support (Scotland) Act 2013 (“ 2013 Act ”).

Regulation 2 makes a corresponding amendment to the schedule of the 2014 Act to remove section 3 from the entry for the 2013 Act from the list of enactments in that schedule specifying the functions which a local authority may delegate under an integration scheme. (The reference to sections 12AA and 12AB in the entry for the 1968 Act in the schedule to the 2014 Act was repealed by paragraph 6(2)(a) of the schedule of the 2016 Act.)

Regulation 3 amends the 2014 Regulations to also remove those entries repealed by the 2016 Act from Part 1 of the schedule to the regulations and to add certain sections of the 2016 Act to that Part. Part 1 of the schedule prescribes functions for the purpose of section 1(7) of the 2014 Act The effect of this prescription is that these functions, so far as they are exercisable in relation to persons who are aged 18 or over, must be delegated to the bodies responsible for providing integrated health and social care services in local authority areas. These bodies are generally integration joint boards.