Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Community Care (Provision of Residential Accommodation Outwith Scotland) (Scotland) Regulations 2015 and come into force on 24th June 2015.

(2) In these Regulations-

"the 1968 Act" means the Social Work (Scotland) Act 1968(2);

"the 2002 Act" means the Community Care and Health (Scotland) Act 2002;

"the 2003 Act" means the Mental Health (Care and Treatment) (Scotland) Act 2003(3);

"health authority" means-

"health services" means-

Meaning of appropriate establishment

2.-(1) For the purpose of section 5(1) and (3) of the 2002 Act, "appropriate establishment" has the meaning given in this Regulation.

(2) In relation to section 12 of the 1968 Act and section 25 of the 2003 Act it means-

(a)as respects England and Wales, a care home within the meaning of section 3 of the Care Standards Act 2000(9); and

(b)as respects Northern Ireland, a residential care home within the meaning of article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(10).

(3) In relation to section 13A of the 1968 Act it means-

(a)as respects England and Wales, a care home within the meaning of section 3 of the Care Standards Act 2000; and

(b)as respects Northern Ireland, a nursing home within the meaning of Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.

Duty of local authority to notify health authority of need for health services

3.  Where, in performance of its duty under section 12 or 13A of the 1968 Act or section 25 of the 2003 Act, a local authority is arranging the residential accommodation of a person under section 5 of the 2002 Act and it appears to the local authority that the person for whom such arrangements are being made may also be in need of health services administered by the health authority-

(a)in whose area the person is ordinarily resident; or

(b)in whose area the residential accommodation is located;

regulation 4 applies.

4.  The local authority must notify the health authority and-

(a)request information from them as to what health services are likely to be made available to that person by that health authority; and

(b)take any information received by them in response to that request into account in making the arrangements.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Community Care and Health (Scotland) Act 2002 ("the 2002 Act") and come into force on 24th June 2015. Together with section 5 of the 2002 Act they make provision in respect of the way in which residential accommodation and residential accommodation with nursing, is provided outwith Scotland (that is to say England, Wales or Northern Ireland), to persons by a local authority in fulfilment of their duties under sections 12 or 13A of the Social Work (Scotland) Act 1968 ("the 1968 Act") or section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003 ("the 2003 Act").

Regulation 2 defines the "appropriate establishment" into which a person's residential accommodation placement outwith Scotland can be made.

Regulation 3 provides that where it appears to a local authority that a person for whom they are arranging residential accommodation under section 5 of the 2002 Act may also be in need of health services administered by the health authority of the area in which they are ordinarily resident or of the area in which the residential accommodated is located, then regulation 4 applies.

Regulation 4 imposes a duty on the local authority to notify the health authority of a person's need for health services and to request information from the health authority about what health services are likely to be made available to the person by that health authority, and to take any information provided in response to that request into account in making the accommodation arrangements.