Community Care and Health (Scotland) Act 2002 (Commencement No. 1) Order 2002

JurisdictionScotland
CitationSSI 2002/170
Year2002

2002 No. 170 (C. 10)

SOCIAL CARE

The Community Care and Health (Scotland) Act 2002 (Commencement No. 1) Order 2002

Made 28th March 2002

The Scottish Ministers, in exercise of the powers conferred by section 27(2) and (3) of the Community Care and Health (Scotland) Act 20021and of all other powers enabling them in that behalf, hereby make the following Order:

S-1 Citation and interpretation

Citation and interpretation

1.—(1) This Order may be cited as the Community Care and Health (Scotland) Act 2002 (Commencement No. 1) Order 2002.

(2) In this Order “the Act” means the Community Care and Health (Scotland) Act 2002.

S-2 Appointed days

Appointed days

2.—(1) 1st April 2002 is the appointed day for the coming into force of sections 1(2) and (7), 2, 22, 25 (so far as it relates to paragraph 1(1) and (4) of schedule 2) and 26 of, and paragraph 1(1) and (4) of schedule 2 to, the Act.

(2) 13th May 2002 is the appointed day for the coming into force of sections 4, 6, 20, 21 and 24 of the Act.

(3) 1st July 2002 is the appointed day for the coming into force of sections 1(1), (3), (4), (5) and (6), 3 and 25 (so far as it relates to paragraph 1(5) of schedule 2) of, and schedule 1 and paragraph 1(5) of schedule 2 to, the Act.

(4) 1st September 2002 is the appointed day for the coming into force of sections 8 to 17 of the Act.

(5) 1st June 2003 is the appointed day for the coming into force of sections 7 and 25 (so far as it relates to paragraph 1(2) and (3) of schedule 2) of, and paragraph 1(2) and (3) of schedule 2 to, the Act.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

28th March 2002

(This note is not part of the Order)

This Order brings into force certain provisions of the Community Care and Health (Scotland) Act 2002 (“the Act”).

1st April 2002 is the appointed day for the coming into force of sections 1(2) and (7), 2, 22, 25 (for certain purposes) and 26 of, and paragraph 1(1) and (4) of schedule 2 to, the Act. Section 1(2) and (7) enables regulations and orders to be made concerning free social care and enables transitional provisions to be made in those regulations. Section 2 of the Act enables the Scottish Ministers to make regulations which, for specified purposes, will determine what is and what is not to be regarded as accommodation provided under the Social Work (Scotland) Act 1968 (“the 1968 Act”) and under section 7 of the Mental Health (Scotland) Act 1984 (“the 1984 Act”). Section 22 of the Act is an interpretation provision. Section 26 of the Act enables the Scottish Ministers to give certain guidance and directions to local authorities and health service bodies. Section 25 of the Act introduces Schedule 2. Paragraph 1(1) and (4) of this schedule corrects an error in section 13A(2) of the 1968 Act.

13th May 2002 is the appointed day for the coming into force of sections 4, 6, 20, 21 and 24 of the Act. Section 4 enables the Scottish Ministers to make regulations allowing top-up payments to be made for accommodation that would be more expensive than that usually provided by a local authority under the 1968 Act or section 7 of the 1984 Act. Section 6 provides for the deferred payment of certain payments by a person to a local authority in accordance with regulations to be made by the Scottish Ministers. Section 20 makes amendments to the Road Traffic Act...

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