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SCOTTISH STATUTORY INSTRUMENTS
2002 No. 76
SOCIAL CARE
The Preserved Rights (Transfer to Responsible Authorities) (Scotland) Regulations 2002
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Made |
27th February 2002 | |
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Laid before the Scottish Parliament |
4th March 2002 | |
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Coming into force |
8th April 2002 | |
The Scottish Ministers, in exercise of the powers conferred by section 50(7), (8) and (9) of the Health and Social Care Act 2001[1], and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement, interpretation and extent
1.
- (1) These Regulations may be cited as the Preserved Rights (Transfer to Responsible Authorities) (Scotland) Regulations 2002 and shall come into force on 8th April 2002.
(2) In these Regulations, unless the context otherwise requires, any reference to a section is to a section of the Health and Social Care Act 2001.
(3) These Regulations extend to Scotland only.
Disapplication of duties of a responsible authority under section 50(3) to (7)
2.
For the purposes of section 50(8), section 50(3) to (7) (duties of responsible authorities to persons having preserved rights) shall not apply to any person who, in respect of the day immediately before the appointed day-
Recovery of payments by responsible authorities
3.
For the purposes of section 50(7), the amount of any payment made by a responsible authority in pursuance of section 50(6) (payments where services not provided under section 50(3)) which is recoverable by it from the person, is the amount which would be recoverable under section 87(2) to (4) of the Social Work (Scotland) Act 1968[5] if the accommodation was provided by the responsible authority under that Act and the rate fixed in accordance with sections 22(2) or 26(2) of the National Assistance Act 1948[6] was the amount of the payment made by the authority pursuant to section 50(6).
Ordinarily resident
4.
- (1) A person is to be treated as ordinarily resident in any premises for the purposes of section 50 if that person is in fact resident in such premises or is temporarily absent from such premises.
(2) In this regulation, "temporarily absent" means absent for a period which does not exceed-
(3) For the purposes of this regulation-
HUGH HENRY
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
27th February 2002
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations, which extend to Scotland only, make the following provisions:-
[1]
2001 c.15; see section 50(10) for definition of "prescribed".back
[2]
1992 c.4.back
[3]
S.I. 1987/1967. Regulation 19 was amended by S.I. 1988/663, 1445 and 2022, 1989/1678, 1991/1033, 1992/3147, 1993/2119, 1994/527 and 2139 and 1996/206 and 462.back
[4]
1984 c.36.back
[5]
1968 c.49. Section 87(3) was amended by the Social Security Act 1980 (c.30), Schedule 4, paragraph 5(1) and the Social Security Act 1986 (c.50), Schedule 10, paragraph 41(2)(a), (b) and (c).back
[6]
1948 c.29. Section 22(2) was amended by the National Health Service and Community Care Act 1990 (c.19), section 44; section 26(2) was amended by the National Health Service and Community Care Act 1990, sections 42(3) and 66 and Schedules 9, paragraphs 5 and 10.back
[7]
S.I. 1975/555. Relevant amending instruments are S.I. 1992/2595 and 1999/1326.back
ISBN
0 11061109 8
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