
1 

(1) These Regulations may be cited as the Coronavirus Act 2020 (Suspension: Adult Social Care) (Scotland) Regulations 2020 and come into force on 30 November 2020.
(2) In these Regulations—
 “adult carer” has the meaning given by section 3 of the Carers (Scotland) Act 2016,
 “ACSP” means adult carer support plan,
 “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,
 “the 1968 Act” means the Social Care (Scotland) Act 1968,
 “the 2013 Act” means the Social Care (Self-directed Support) (Scotland) Act 2013,
 “the 2016 Act” means the Carers (Scotland) Act 2016,
 “the 2020 Act” means the Coronavirus Act 2020.
2 
The following provisions of the 2020 Act are suspended—
(a) section 16(1) and (2),
(b) section 16(4)(a) and (b),
(c) section 16(4)(e) insofar as it relates to an adult carer.
3 

(1) A local authority which has—
(a) relied on section 16(1) of the 2020 Act together with either of the following provisions of the 2020 Act—
(i) section 16(2)(a), or
(ii) section 16(2)(b),
in relation to a person, and
(b) provided community care services to the person under section 12A of the 1968 Act, pursuant to the reliance,
must continue to provide those community care services until one of the events mentioned in paragraph (2) occurs.
(2) The events referred to in paragraph (1) are—
(a) the local authority has fulfilled the duty under section 12A of the 1968 Act (duty of local authorities to assess needs) in relation to the person, with regard to section 1 of the 2013 Act (general principles regarding provision of social care) insofar it relates to Part 2 of the 1968 Act, or
(b) the person no longer has a requirement for those community care services.
4 

(1) A local authority which has—
(a) relied on section 16(3) of the 2020 Act together with any of the following provisions of the 2020 Act—
(i) section 16(4)(a),
(ii) section 16(4)(b), or
(iii) section 16(4)(e) (insofar as it relates to an adult carer),
in relation to a person, and
(b) provided support to the person under section 24 of the 2016 Act pursuant to the reliance,
must continue to provide that support until one of the events mentioned in paragraph (2) occurs.
(2) The events referred to in paragraph (1) are—
(a) the local authority has prepared an ACSP under section 6 of the 2016 Act (duty to prepare adult carer support plan) in relation to the person and has identified the person’s outcomes and needs under the Carers (Scotland) Act 2016 (Adult Carers and Young Carers: Identification of Outcomes and Needs for Support) Regulations 2018, with regard to section 1 of the 2013 Act (general principles regarding provision of social care) insofar it relates to Part 2 and Part 3 of the 2016 Act,
(b) the person no longer has a requirement for the support,
(c) the person has refused an ACSP, or
(d) the person’s existing ACSP has been reviewed in accordance with the Carers (Scotland) Act 2016 (Review of Adult Carer Support Plan and Young Carer Statement) Regulations 2018.
JEANE FREEMAN
A member of the Scottish Government
St Andrew’s House,
Edinburgh
12th November 2020