
1 
These Regulations may be cited as the Community Care (Joint Working etc.) (Scotland) Amendment Regulations 2012 and come into force on 30th March 2012.
2 
The Community Care (Joint Working etc.) (Scotland) Regulations 2002 are amended as follows—
(a) in regulation 1(2) after the definition of “the Act” insert—“
 “delegated” means delegated by virtue of an arrangement entered into under section 15(1) of the Act and “delegation” is to be construed accordingly (with the exception of the reference in Schedule 2, paragraph 2);”
(b) omit regulation 2(2)(b)(iii) and (iv);
(c) omit regulation 3(3)(b)(iii) and (iv);
(d) in regulation 4 for “Schedule 3” substitute “Schedule 5”;
(e) in regulation 5(1) for “Schedule 2” substitute “Schedule 6”;
(f) after regulation 9 insert—“
9A. 

(1) Subsection (2) applies where a payment is made by virtue of an arrangement entered into under section 15(1)(b) of the Act and no fund is established under section 15(1)(c).
(2) A payment made by one party (“X”) to another party (“Y”) in respect of the exercise of a delegated function is to be treated as expenditure by X on that function and income in relation to that function by Y.”.
(g) in regulation 10—
(i) for paragraph (3)(c) substitute—“
(c) preparing such information as is reasonably required by each contributor to enable that contributor to monitor the effectiveness of the agreement and to account for that contributor’s share of the transactions, assets and liabilities in the fund.”; and
(ii) omit paragraphs (4) and (5);
(h) in regulation 11—
(i) in paragraph (i) after “agreement” insert “, including risk management,”;
(ii) omit “and” immediately after paragraph (i); and
(iii) after paragraph (j) insert—“
(k) the systems for financial management for payments made under the arrangement, including the frequency of the payments and the content and frequency of reporting on those payments; and
(l) a dedicated lead officer from each party who is responsible for ensuring the agreed aims and outcomes of the arrangement are delivered.”;
(i) in the title to Schedule 2 omit “, JOINT WORKING UNDER SECTION 15”;
(j) in the title to Schedule 3 omit “JOINT WORKING UNDER SECTION 15 AND”; and
(k) after Schedule 4 insert Schedules 5 and 6 as set out in the Schedule to these Regulations.
NICOLA STURGEON
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
28th February 2012
SCHEDULE
Regulation 2(k)
“
SCHEDULE 5
Regulation 4
1. 

(1) The functions of local authorities under the enactments specified in sub-paragraph (2) are prescribed for the purposes of—
(a) delegation to an NHS body; and
(b) use in conjunction with functions which have been delegated to an authority by an NHS body.
(2) Those enactments are—
(a) section 48 of the National Assistance Act 1948;
(b) section 3 of the Disabled Persons (Employment) Act 1958;
(c) sections 4, 5A, 5B, 12, 12A, 12AA, 12AB, 12B, 12C, 13, 13ZA, 13A, 13B, 14, 27, 27ZA, 28, 29 and 59 of the 1968 Act;
(d) sections 1 and 2(1) of the Chronically Sick and Disabled Persons Act 1970;
(e) sections 22 and 23 of the Health and Social Services and Social Security Adjudications Act 1983;
(f) sections 3, 4, 7 and 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986;
(g) sections 1 to 8 of Part I, Part II and Part XIII of the Housing (Scotland) Act 1987;
(h) Part II of the Children (Scotland) Act 1995;
(i) Part 1 of the Housing (Scotland) Act 2001;
(j) section 6 of the Act;
(k) sections 25, 26, 27 and 33 of the Mental Health (Care and Treatment) (Scotland) Act 2003;
(l) Part 1 of the Adult Support and Protection (Scotland) Act 2007.
2. 
Section 87 of the 1968 Act is prescribed for the purpose of delegation to an NHS body but only for the purpose of recovering a charge for any function which has been delegated to an NHS body by a local authority.
3. 
The functions of local authorities under the following enactments are prescribed only for the purpose of use in conjunction with functions which have been delegated to an authority by an NHS body—
(a) section 11 of the Matrimonial Proceedings (Children) Act 1958;
(b) sections 1 and 6B of the 1968 Act;
(c) section 50 of the Children Act 1975;
(d) sections 1, 4 and 125A of the Education (Scotland) Act 1980;
(e) the Foster Children (Scotland) Act 1984;
(f) sections 203 and 245A(11A) of the Criminal Procedure (Scotland) Act 1995;
(g) sections 2A and 34 of the Standards in Scotland’s Schools etc. Act 2000;
(h) the Antisocial Behaviour etc. (Scotland) Act 2004;
(i) the Education (Additional Support for Learning) (Scotland) Act 2004;
(j) the Adoption and Children (Scotland) Act 2007.
SCHEDULE 6
Regulation 5(1)
1. 

(1) The functions of NHS bodies under the enactments specified in sub-paragraph (2) are prescribed for the purposes of—
(a) delegation to a local authority; and
(b) being used in conjunction with functions which have been delegated to an NHS body by a local authority.
(2) Those enactments are—
(a) sections 2A, 13, 16, 16A, 16B, 25(1), 26(1), 27(1), 36, 37, 38, 38A, 38B, 39, 40, 41, 42 and 45 of the 1978 Act;
(b) sections 21 and 36 of the Children (Scotland) Act 1995;
(c) sections 23 and 24 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
2. 
Section 98 of the 1978 Act is prescribed for the purpose of delegation to a local authority but only for the purpose of recovering a charge for any function which has been delegated to a local authority by a NHS body.
3. 
The functions of NHS bodies under the following enactments are prescribed only for the purpose of being used in conjunction with functions which have been delegated to an NHS body by a local authority—
(a) section 2C, 17I, 43, and 64 of the 1978 Act;
(b) section 7 of the Disabled Persons (Services, Consultation and Representation) Act 1986;
(c) sections 40, 42 and 45 of the Adults with Incapacity (Scotland) Act 2000;
(d) the Public Health etc. (Scotland) Act 2008.”