The Carers (Scotland) Act 2016 (Adult Carers and Young Carers of Terminally Ill Persons: Timescales for Adult Carer Support Plans and Young Carer Statements etc.) Regulations 2021
| Jurisdiction | Scotland |
2021 No. 133
Social Care
The Carers (Scotland) Act 2016 (Adult Carers and Young Carers of Terminally Ill Persons: Timescales for Adult Carer Support Plans and Young Carer Statements etc.) Regulations 2021
Made 10th March 2021
Coming into force 31th July 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by sections 7(1), 8(1), 13 and 14(1) of the Carers (Scotland) Act 20161and all other powers enabling them to do so.
In accordance with section 42(2) of that Act, a draft instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1. These Regulations may be cited as the Carers (Scotland) Act 2016 (Adult Carers and Young Carers of Terminally Ill Persons: Timescales for Adult Carer Support Plans and Young Carer Statements etc.) Regulations 2021 and come into force on 31 July 2021.
Interpretation
2. In these Regulations—
“the 2016 Act” means the Carers (Scotland) Act 2016,
“the 2018 Regulations” means the Carers (Scotland) Act 2016 (Adult Carers and Young Carers: Identification of Outcomes and Needs for Support) Regulations 20182,
“notification date” is the date on which a relevant adult carer—
(a) accepted an offer made by a responsible local authority to prepare an adult carer support plan under section 6 of the 2016 Act, or
(b) requested an adult carer support plan in accordance with section 6 of the 2016 Act,
“relevant adult carer” means an adult carer of a cared-for person who is terminally ill,
“relevant date” is the date on which a relevant young carer—
(a) accepted an offer made by a responsible authority to prepare a young carer statement under section 12 of the 2016 Act, or
(b) requested a young carer statement in accordance with section 12 of the 2016 Act,
“relevant young carer” means a young carer of a cared-for person who is terminally ill,
“substantive conversation” means the first conversation which the responsible local authority has with a relevant adult carer in accordance with regulation 2 of the 2018 Regulations,
“substantive young carer conversation” means the first conversation which the responsible authority has with a relevant young carer in accordance with regulation 3 of the 2018 Regulations,
“working day” means any day other than a Saturday, a Sunday or a day which, under the Banking and Financial Dealings Act 19713, is a bank holiday in Scotland.
Relevant adult carer: identification of urgent outcomes and needs for support
3.—(1) The 2018 Regulations are amended as follows.
(2) After paragraph (2) of regulation 2 insert—
“2A When the responsible local authority first has a conversation with a relevant adult carer under paragraph (2), the authority must identify any personal outcomes and needs for support which are immediate or urgent in relation to that carer.”.
(3) After paragraph (3) of regulation 2 insert—
“4 For the purpose of this regulation, “a relevant adult carer” means an adult carer of a cared-for person who is terminally ill.”.
Relevant adult carer: timescales for identification of urgent outcomes and needs for support
4. For the purpose of preparing an adult carer support plan, the responsible local authority must ensure that the substantive conversation takes place—
(a) within five working days of the notification date, or
(b) on any other date which is requested by the relevant adult carer that is suitable for the authority.
Adult carer support plan for relevant adult carers: timescales
5.—(1) The responsible local authority is required to prepare an adult carer support plan in relation to a relevant adult carer, in accordance with the timescales set out in paragraphs (2) to (4).
(2) The responsible local authority must prepare an adult carer support plan which includes, at least, the information set out in section 9(1)(a), (b), (e), (f), (i) and (j) of the 2016 Act—
(a)
(a) where the substantive conversation takes place in accordance with the timescales set out in regulation 4(a), within ten working days of the notification date, or
(b)
(b) where the substantive conversation takes place in accordance with the timescales set out in regulation 4(b), within ten qualifying working days of the notification date.
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